Injured at the Gym? Review Your Release. You May Have Waived your Rights

Recently a member of a large fitness gym was injured when while using exercise equipment known as a "low row machine." The low row machine is operated by sitting with one's legs extended on pads and lifting weights by pulling a metal handlebar with both hands. A clip or snap hook

connects the handlebar to a cable or belt running through pulleys and attached to weights. The member performed three sets of exercises on this machine and increased the weight to 220 or 240 pounds for his fourth set. As he was pulling the handlebar during his third or fourth repetition on his fourth set, the clip failed causing the handlebar to break free from the cable and strike him in the forehead. The member suffered injuries to his head, back, and neck. Oww!!!

Case or no Case?

The member signed a membership agreement which included a provision with the heading "Release of Liability—Assumption of Risk—Buyer's Right to

Cancel—Communications—Agreement Term." One provision stated: "Using the facilities involves the risk of injury to you or your guest, …”

There was also a warning label on the machine:"PRIOR TO USE, BE SURE THAT THE `SAFETY CLIP' IS IN PROPER WORKING CONDITION AND SHOWS NO SIGNS OF WEAR!"

The fitness center also had a facilities technician that ordinarily inspected the exercise equipment daily, including the clips on the machines. Prior to the accident, the only problem with clips was that some machines were missing clips. Specifically, the problem was not that the clips on the machines were broken, "they were just missing. People would just steal them from different machines."

The Release of Liability 

The release further stated “You understand and acknowledge that fitness center is providing recreational services and may not be held liable for defective products." Based on this clear and explicit language, the court stated that member assumed responsibility for the risks arising from his use of the facilities, services, equipment, or premises.

Regarding gross negligence, the court stated that the fitness center took several measures to ensure that its exercise equipment and facility were well

maintained. For example, it hired a facilities technician whose job was to conduct a daily inspection of the facility and perform preventative

maintenance. If the facilities technician was unavailable, the fitness center had a practice of requiring other staff members to conduct the inspection and perform any required maintenance. In view of these measures, the fitness center’s conduct could not reasonably be regarded as demonstrating a want of even scant care or an extreme departure from the ordinary standard of conduct.

Regarding product liability, as the fitness center was providing a “service” vs. a product, a it could not be held liable based on products liability.

Lessons Learned: Inspect equipment prior to use

Legal Disclaimer

This information is provided to you “AS IS”, does not constitute

legal advice. The law changes very rapidly and, accordingly, I do not guarantee

that any information I have provided is accurate and up to date. Additionally,

the law differs from jurisdiction to jurisdiction, and is subject to

interpretation of courts located in each county. Legal advice must be tailored

to the specific circumstances of each case and the tools and information provided

to you may not be an appropriate fit in your case. Nothing that you read or is

provided on this web site should be used as a substitute for the advice of