The Personal Trainer's Duty of Care

Minimize liability by conducting a thorough assessment of each client, researching the laws in your state and using appropriate waivers.

Masood Rostai observed Jared Shoultz' physique while he was in Rostai's furniture store. Rostai said he would like to look like Shoultz, a personal trainer, who then agreed to train Rostai. At the end of the first training session, Rostai suffered a heart attack, and sued Shoultz alleging negligence in failing to investigate Rostai's cardiac risk factors. Rostai was 5 feet 10 inches tall and weighed 228 pounds. The first training session started with 12 minutes on a level treadmill at 3 to 4 mph, then 20 repetitions of a 40-pound weight on an inclined bench. The plaintiff asked for a break, and was told "later." Rostai performed 10 push-ups and asked for a break, saying he was tired and out of breath. Shoultz replied, "Don't be a pussy" and "First give me 10 sit-ups." They returned to the inclined bench to repeat the weight lifting with more weight at a faster rate. The plaintiff stopped after four or five reps; Shoultz pointed at a woman in the facility and said, "Come on, don't you want to get some of this ass?" Shoultz instructed Rostai to lie down for leg lifts, and Rostai started having chest pain. He said he was out of breath and needed water. He then told Shoultz he thought he was having a heart attack [Rostai v. Neste Enterprises, 2006, Cal. App. LEXIS 476].

Log in to view the full article
Page 1 of 148
Next Page
Buyer's Guide
Information on more than 3,000 companies, sorted by category. Listings are updated daily.
Learn More
Buyer's Guide
AB Show 2025 in San Diego
AB Show is a solution-focused event for athletics, fitness, recreation and military professionals.
Nov. 5-8, 2025
Learn More
AB Show 2025