Who Is Liable When an Employee Is Negligent?

Assuming the personal trainer was negligent, who is liable -- the personal trainer (employee), the facility manager or the fitness center?

When 49-year-old Norma Corrigan joined a fitness center for the first time, she received three one-hour sessions with a personal trainer. During the first session, the trainer placed her on a treadmill set at 3.5 mph for 20 minutes, and left her unattended. She was not instructed on how to reduce the speed or stop the treadmill. Soon she tired, drifted back on the treadmill, tried to walk faster and, failing, was thrown from the treadmill and broke her ankle. The case was sent to trial to determine if a duty owed the plaintiff was breached (Corrigan v. Musclemakers Inc., 1999 N.Y. App. Div. LEXIS 1954).

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