Another Day, Another Lawsuit About Injuries Suffered At A Gym (Another Reason For Me Not To Go To The Gym)

by:  Peter J. Gallagher (@pjsgallagher) (LinkedIn)

Weight lifters (pd)
I have written about the enforceability of waivers in health club membership agreements before, including just last week. Now the Appellate Decision has issued another decision on this same topic, Crossing-Lyons v. Town Sports International, Inc., which nicely illustrates the types of injuries that are covered by these agreements and those that are not.

First, a little background. The two seminal cases on this issue are Stelluti v. Casapenn and Walters v. YMCA , both of which I have written about before.

In Stelluti, plaintiff was injured when the handlebars of her stationary bike dislodged and caused her to fall during a spin class. The New Jersey Supreme Court held that these injuries were covered under the broad release in plaintiff's membership agreement. It reasoned that exercising entails vigorous physical exertion (depending, of course, on the person exercising – I am not sure my time on the stationary bike this morning was terribly vigorous), and that the member assumes some risks — faulty equipment, improper use of equipment, inadequate instruction, inexperience, poor physical condition of the user, or excessive exertion — as a result. While a health club must maintain its premises in a condition safe from known or discoverable defects, it need not ensure the safety of members who voluntarily assume some risk by engaging in strenuous physical activities that have a potential to result in injuries.  

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“Young Man, There’s A Place You Can Go . . .” (But That Place Might Not Be Immune From Liability Under New Jersey’s Charitable Immunity Act If You Later Sue For Injuries You Suffered There)

     by:  Peter J. Gallagher (@pjsgallagher) (LinkedIn)

YMCA (pd)These are not alternate lyrics to the the classic Village People song, YMCA, but they could be if the song were written by the Appellate Division panel that recently decided Lequerica v. Metropolitan YMCA of the Oranges.

In Lequerica, plaintiff was injured during a group strength and conditioning class at the YMCA. At one point, the instructor had the the class run toward a wall, touch it, and then return to the wall where they started. According to the Appellate Division:

On her return, plaintiff realized she was going too fast, and when she tried to stop she fell forward and hit her head "extremely hard" on the concrete wall in front of her. While running toward the wall, plaintiff was competing with a friend to see who could reach it first. Before she fell, plaintiff put her arm out in front of her friend in an effort to beat her to the wall. Plaintiff testified she was running so fast she felt she would not be able to stop at the wall, that she "tried to stop herself," and that ultimately, she "tripped."

Plaintiff suffered "a concussion, a large scalp laceration, and a left wrist fracture." She sued the YMCA and the instructor.

Defendants moved for summary judgment, arguing that (1) they were immune from liability under the Charitable Immunity Act, and (2) plaintiff could not establish a prima facie case of negligence. Plaintiff opposed the motion, arguing that the YMCA was not covered by the Charitable Immunity Act and that summary judgment was premature because discovery was not yet complete.

Continue reading ““Young Man, There’s A Place You Can Go . . .” (But That Place Might Not Be Immune From Liability Under New Jersey’s Charitable Immunity Act If You Later Sue For Injuries You Suffered There)”

It Was Not Fun To Stay (Swim) At The YMCA For This Plaintiff Or His Counsel

by: Peter J. Gallagher (@pjsgallagher)

 

A "garden variety slip and fall case" led to an instructive Appellate Division opinion on exculpatory clauses and the requirements of the New Jersey Court Rules governing appellate practice. The plaintiff prevailed on its appeal and had its lawsuit against defendant, which had been dismissed by the trial court, reinstated; but his counsel had to endure a scolding from the Appellate Division in the process.

In Walters v. YMCA, Plaintiff sued for injuries suffered after he slipped on the steps leading from an indoor pool at the YMCA in Newark, New Jersey. The YMCA did not deny that plaintiff slipped, but argued that plaintiff's claims were barred by a broad exculpatory clause in his membership agreement, which purported to hold the YMCA harmless for "any personal injuries or losses sustained . . . on  any YMCA premises or as a result of a YMCA sponsored activit[y]."  The trial court granted the motion and plaintiff appealed.

The Appellate Division reversed, holding that the exculpatory clause was "unenforceable as against public policy" because enforcing it would "eviscerate the common law duty of care owed by defendant to its invitees." The Appellate Division distinguished Walters from a prior decision, Stelluti v. Casapenn Enters., Inc., in which the New Jersey Supreme Court held that an exculpatory clause shielded a health club from injuries sustained by a plaintiff when the handlebars of her stationary bike dislodged and caused her to fall during a spinning class. In that case, the inherently risky nature of the plaintiff's physical activity was "the key consideration . . . to justify enforcing the exculpatory clause at issue." In Walters by contrast, the type of accident — slipping and falling while walking on stairs — "could have occurred in any business setting." Accordingly, the "inherently risky nature of defendant's activities as a physical fitness club was immaterial" to the Appellate Division's analysis.

 

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