Protect Your Facility with Unambiguous Waivers

Protect your facility with unambiguous waivers, and make good decisions on the fitness floor to minimize risk.

Ning Yan fell while running on a treadmill, and died from his injuries. A representative of his estate sued, alleging that the fitness center was negligent in placing the treadmill too close to a wall. The estate contended that the treadmill belt threw Yan off the rear of the treadmill into a wall that was only 2 ½ feet from the treadmill. The defendant, Vital Power Fitness Center, argued that Yan became ill and fell down, hitting his head on the floor. No one actually saw the incident take place.

The plaintiff filed a suit alleging ordinary negligence and wrongful death, and later amended the complaint to include gross negligence, as well. The defendant filed a motion for summary judgment, contending that Yan had singed a release at the top of the sign-in sheet that precluded any claims of ordinary negligence against the defendant. The trial court dismissed the wrongful death and gross negligence claims, and granted summary judgment based on the waiver of liability (Junyi Xu v. Gay d/b/a Vital Power Fitness Center, Mich. App. LEXIS 1505, 2003).

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