CT Judge Bars Product Liability Action Against Fitness Club

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A Superior Court judge has ruled that a man who badly injured his leg on a stair climber exercise machine at a Planet Fitness cannot bring a product liability action against the fitness club chain.

In a ruling of first impression in Connecticut, New London Superior Court Judge Robert Vacchelli found that a health club did not qualify as a “product seller” under the Connecticut Product Liability Act. The plaintiff still has negligence claims pending against Planet Fitness.

“The relationship alleged between a health club and its member in such a circumstance is for provision of services with a license to use certain equipment and not that of a sale, lease or bailment of such equipment,” wrote Vacchelli. “In this light, the plaintiff’s complaint does not contain allegations of fact necessary to maintain a cause of action under the Connecticut Product Liability Act.”

On Dec. 9, 2013, Michael McCarthy was working out at the Planet Fitness facility in Norwich. There he used a machine commonly referred to as a stair climber. McCarthy was attempting to exercise on the machine when the speed unexpectedly increased. He could not get the machine to decrease its speed, lost his balance and fell backwards. In doing so, his right leg “snapped in a very gruesome way,” said his attorney.

Plaintiff’s attorney said some off duty paramedics happened to be working out at the gym at the time and came over to assist McCarthy until EMTs arrived. Plaintiff’s attorney said his client’s injury resulted in surgery on the leg fracture, a hospital stay and extensive rehabilitation therapy.

McCarthy later sued the fitness chain’s local ownership group for negligence and under the Connecticut Product Liability Act. Plaintiff’s attorney contended that not only was the gym negligent but were responsible for the defective machine, which according to the lawsuit was known as the Matrix ClimbMill, model C7xe.

The defendants, through their lawyers, moved to strike the product-liability count and argued that Planet Fitness did not qualify as a “product seller.” A “product seller” is defined in the state’s product liability statute as “any person or entity, including a manufacturer, wholesaler, distributor or retailer who is engaged in the business of selling such products whether the sale is for resale or for use or consumption.”

Judge Vacchelli considered whether Planet Fitness sold a product or furnished a service. The judge found that the fitness club did not qualify as a “product seller” under the Connecticut Product Liability Act and it granted the defendants’ motion to strike the product liability counts to the lawsuit.

Plaintiff’s attorney said he and his client have not decided whether or not to appeal Vacchelli’s ruling.

“The overall point is that you’re giving money to use exercise equipment, just like if you’re buying it, leasing it or renting it. Product liability laws apply in those situations,” said Plaintiff’s attorney. “The health club is not some innocent bystander that is just providing a service. They’re in the business of receiving money and in exchange for that money, providing exercise equipment.”

At Maya Murphy, P.C., our personal injury attorneys are dedicated to achieving the best results for individuals and their family members and loved ones whose daily lives have been disrupted by injury, whether caused by a motor vehicle or pedestrian accident, a slip and fall, medical malpractice, a defective product, or otherwise. Our attorneys are not afraid to aggressively pursue and litigate cases and have extensive experience litigating personal injury matters in both state and federal courts, and always with regard to the unique circumstances of our client and the injury he or she has sustained.
Source: CT Law Tribune