Gross Negligence, Waiver Validity at Issue in Treadmill Injury Case

[Illustration by Arnel Reynon]
[Illustration by Arnel Reynon]

This article appeared in the January/February issue of Athletic Business. Athletic Business is a free magazine for professionals in the athletic, fitness and recreation industry. Click here to subscribe.

As an express assumption of risk, courts have generally ruled that waivers are a valid defense against negligence. As with all assumption of risk, however, the party wishing to use the waiver as a defense must show: 1) that the other party knew of the risks; and 2) that the other party voluntarily assumed the risks. Generally this is not a problem when dealing with waivers, because the risks are expressly identified and the signing party is voluntarily consenting to assume those risks.

But what happens when the person signing the waiver does not understand what he or she is signing? That was the question before the court in Jimenez v. 24 Hour Fitness USA, INC., 237 Cal. App. 4th 546 (2015).

Log in to view the full article
Buyer's Guide
Information on more than 3,000 companies, sorted by category. Listings are updated daily.
Learn More
Buyer's Guide
AB Show 2023 in Baltimore
AB Show is a solution-focused event for athletics, fitness, recreation and military professionals.
Nov 1-4, 2023
Learn More
AB Show 2023