Brian MacNiven
January 20, 2022
The plaintiff slipped and fell on sweat at her gym, causing injury to her elbow that required surgery. Prior to joining the gym, the plaintiff signed a contract that prevents an injured patron from suing the gym for negligence for any injuries sustained while using the gym. The New Jersey Appellate Division upheld the trial court’s decision to dismiss the case because the contract prevented the plaintiff from suing the gym for negligence in connection with “voluntarily use of equipment and participation in instructed activity.” Plaintiff tried to amend her complaint to include “gross negligence,” which was not barred under the contract, but the court did not allow the amendment because it was untimely.
Skarbnik v. Life Time Fitness, Inc., 2021 WL 3923270 (App. Div. 2021).
If you have been injured in a fitness facility, it is important to have an attorney who understands both contract and personal injury law. Our qualified attorneys regularly litigate cases that focus on both areas of law.
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