January 20, 2022
Contract Prevents Personal Injury Plaintiff From Recovery
Plaintiff slipped and fell on sweat at her gym, causing injury to her elbow that required surgery. Prior to joining the gym, plaintiff signed a contract that prevents an injured patron from suing the gym for negligence for any injuries sustained while using the gym. The New Jersey Appellate Division upheld the trial court’s decision to dismiss the case because the contract prevented plaintiff from suing the gym for negligence in connection with “voluntarily use of equipment and participation in instructed activity.” Plaintiff tried to amend her complaint to include “gross negligence,” which was not barred under the contract, but the court did not allow the amendment because it was untimely.
If you have been injured in a fitness facility, it is important to have an attorney who understands both contract and personal injury law. Our qualified attorneys regularly litigate cases that focus on both areas of law.