Agreements waiving ordinary negligence claims in the context of gymnasiums and fitness facilities are valid, as affirmed by many court decisions. A recent case dealt with a release that was clearly a permissible exculpatory contract under the law.
In Joshi v. Fitness International, LLC, the plaintiff – a member of City Sports Club, which Fitness International, LLC owned – alleged that she tripped and fell in the locker room sauna, which was dark at the time, and sustained severe burns to her arm upon contact with the sauna heating equipment.
She brought a personal injury lawsuit alleging the following: first, Fitness was negligent in owning, maintaining, managing, and operating the premises; and second, Fitness willfully failed to guard or warn against the interior light being burned out, which was a dangerous condition of the premises.
In response, Fitness filed a motion for summary judgment. The trial court granted the summary judgment motion and ruled in favor of Fitness.
The California Court of Appeal for the Sixth District affirmed the trial court’s decision. The appellate court agreed with the arguments that Fitness made in its motion and found that the plaintiff failed to present evidence raising a triable issue of material fact to support her claims.
First, the appellate court ruled that Fitness had a defense against the ordinary negligence claim because the plaintiff signed a membership agreement containing a waiver and release of liability. The signed membership...
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