January 2005 Archives

Waiver Valid, Suit Against Gym Dismissed

January 29, 2005

Plaintiff sued gym alleging that the gym's trainer was negligent in how she worked with plaintiff resulting in injuries to plaintiff. The gym sought to have the case dismissed arguing that plaintiff had signed a waiver when he purchased the gym membership agreeing not to sue the gym. Plaintiff argued that New York law does not enforce waivers which would allow a place of amusement or recreation to avoid liability for its negligence. The court dismissed the case, finding that the law did not apply to establishments that provide instruction, and found the gym to be an instructional and not recreational establishment. In addition, the court found that because the waiver that plaintiff signed was explicit and comprehensible, there could be no confusion as to its application.