WHAT HAVE I WAIVED – OR NOT WAIVED – WHEN I SIGN A WAIVER FOR MY HEALTH CLUB?
In a published decision on August 18, 2014, the New Jersey Appellate Division added a new perspective on the scope of a waiver contained in a health club membership contract. In Walters v. YMCA, A-1062-12T3 the Appellate Division reversed a decision granting summary judgment to the YMCA and allowed a member injured in a slip and fall on the steps to a pool area to pursue a claim for his personal injuries. Expanding on the New Jersey Supreme Court’s 2010 decision in Stelluti v Casapenn Enters., Inc. 203 N.J. 286 (2010) the Appellate Division distinguished between the ordinary common law duty of care owed by all businesses to their invitees and the duty of care related to the nature of recreational and exercise activities. In Stelluti, the Supreme Court of New Jersey upheld a health club’s limited exculpatory clause in its membership contract. A divided court denied the claim of a health club member injured when the handlebar on her spin bike became dislodged during a spinning class. Writing for the Court, Justice Lavecchia explained that the exculpatory clauses in membership agreements may protect a health club against liability for the nature of their business, which is to make available the specialized equipment and facility to their invitees who are there to exercise, train, and to push their physical limits as long as they do not engage in reckless or grossly negligent conduct. The Supreme Court did not reach the question of whether the exculpatory language in the membership agreement relieved the club from liability for slip-and-fall injuries occurring on the club’s parking lot or sidewalks. The duty to an invitee in the Walters case involved a slip and fall on the steps leading from the indoor pool in the YMCA’s Newark facility. Walters alleged that the stair treads were slip resistant rubber except for the bottom stair where the slip resistant rubber was cut off due to wear and tear. The fact that the injury occurred not while swimming in the pool or using the exercise equipment made it comparable to an accident that could have happened in any business setting. The inherently risky activities of a health club were not related to this accident. The Appellate Division considered this “a garden variety slip and fall case.” Business owners owe to invitees a duty of reasonable or due care to provide a safe environment for doing that which is in the scope of the invitation. This duty of care flows from the notion that “business owners ‘are in the best position to control the risk of harm.’” Stelluti v Casapenn Enters., Inc., 408 N.J. Super. 435, 446 (App. Div. 2009) aff’d , 203 N.J. 286 (2010). Where an injury suffered by a health club member is not caused by or related to the inherently risky physical activity of a health club an exculpatory agreement may not be enforceable. Broadly worded exculpatory clauses will not be permitted by New Jersey courts to “eviscerate the common law duty of care” owed by a business to its invitees, regardless of the nature of the business activity involved. The public interest will not tolerate transferring the redress of civil wrongs form the responsible tortfeasor to either the innocent injured party or the society at large, in the form of taxpayer-supported institutions. Despite its scathing criticism of a one-sided contractual arrangement that offered no countervailing or redeeming societal value but sought to shield the club from all civil liability, the Appellate Division limited the impact of their analysis and legal conclusion to the particular facts, leaving open the door to a case-by-case weighing of the merits of contractually bargained-for exculpatory protection from certain kinds of liability in future cases.
Contact CockerillCraigMoore Law
If you have suffered an injury in a slip and fall on the business premises of your health club or any other business, the trial lawyers of CockerillCraigMoore Law can evaluate your rights and the scope of any waiver you may have signed to make sure you are not denied the legal protections and compensation you are entitled to. For a confidential consultation with experienced New Jersey trial attorneys, please call us at 856-429-1060 or contact our office online.
How to handle the mortgage in a New Jersey divorce
When you and your New Jersey spouse take out a mortgage together, both of you maintain responsibility for that mortgage even if you divorce, unless you make other arrangements. Even if your divorce decree dictates that only you or only your ex has to pay the mortgage,...
Divorcing with pets: who gets custody of the dog?
When you acquire a dog during your marriage, the pup becomes part of the family. You and your spouse may consider your pet another child between you. Unfortunately, unless you live in Illinois, Alaska or California, the law looks at your dog as property — this is true...
Parental teamwork paves the way to a workable child custody plan
Divorce may be on the horizon, but you and your spouse may still have children to raise, children who must adjust to the breakup of the family unit. You will need guidelines to help you manage your new role as co-parents, and teamwork is a good way to go about...
Are electric vehicles too quiet to be safe?
Because of designated sidewalks and mandatory yield signs, many parts of New Jersey are walkable for pedestrians. Still, according to the National Highway Traffic Safety Administration, 175 pedestrians died in motor vehicle accidents in the Garden State in 2019 alone....
Could mediation be the best divorce option for the two of you?
If you and your spouse have decided to end your marriage, you may dread the thought of a lengthy divorce in court. Mediation is another option that many divorcing couples prefer because of its advantages over litigation. What can you expect to happen if you choose...
Don’t Google or Waze and Drive – Navigation by Cell Phone Can get you Ticketed
New Jersey’s Appellate Division released a published decision yesterday ruling that a driver’s use of his cell phone to type in the address for directions to his destination while driving constitutes the use of the phone prohibited by N.J.S.A. 34:97-3. This section of...
Drawing attention to other distracted driving risk factors
Behind the wheel, you need to avoid any distractions that could affect your driving. Many drivers understand that cell phones play a major role in the prevalence of distracted driving, such as texting, sending emails and making calls. However, many there are many...
NIL’S ARE NOT ONLY FOR COLLEGE STARS – NEW JERSEY PERMITS HIGH SCHOOL NIL’S
In response to a question raised through family members about what parents need to know -- and do -- in response to a NIL offer to their 16-year-old multi-sport star, I did a bit of research. Here is what I learned. NIL’s stand for Name Image and Likeness, you may...
Can a dog attack lead to sepsis?
Even if you trust your own dog implicitly, you know how unpredictable and dangerous other animals can be. In fact, a seemingly friendly dog may turn vicious with little notice or no notice at all. If a dog attacks you, you are vulnerable to a variety of injuries,...
How can doctors treat animal bites?
Animal bites can happen to anyone. Bites may occur with familiar animals, family pets or stranger animals at a campsite or hiking trails. According to Healthline, most people suffer animal bites because of a family pet. While some animal bites may result in mild...