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Injury to Knee Results in Costly Lawsuit Against Fitness Center

An injury could lead to litigation. Know how to protect yourself and your gym.

Picture this scenario: You open a gym. It’s going great. People are flocking to work out. Your vision for creating a community that fosters health and wellness is coming to fruition. You hire the best personal trainers who take the time to know the clients and prevent injury. Things couldn’t be better.

Then one day, you’re rudely served with a summons and complaint. What? You are getting sued. By whom, when? Then you remember, a client complained of a strain to her knee doing the last set of lunges. She was older but was still working out well within her capabilities. Your trainer also never left her side during the entire workout. So, what happened?

The strain resulted in a torn ligament which then required surgery. Your client is now out of work because her job requires being on her feet for long periods, which she can no longer do. She also has mounting medical bills that she is trying to take care of without a job.*

While this seems like a disaster and very upsetting for both you and the client, you must look at where the liability falls at the end of the day. Who is responsible?

There are a few things you need to ask before throwing in the gym towel and admitting responsibility.

What is the type of injury suffered by the client and its impact (damages) on the client’s life?
Did you collect a waiver/release agreement signed by the client prior to participation?
Was your gym and/or trainer negligent in their actions?

Gym injuries are commonplace.

Annually, emergency rooms see over 1500 patients due to gym-related injuries. Injuries from treadmill trips/falls make up the highest number with more than 570 occurrences every year. Next are weights and weight machines injuries as described in our blog Injuries at Gyms and Homes.

A client’s injury isn’t necessarily due to negligence

While the health club in our cited example did end up getting sued, the appeals court ruled that it was not liable. Why? The court believed that the client knew there was an inherent risk of injury when entering the facility and engaging in any sort of physical activity. She also signed a waiver upon purchasing the gym membership that stated as such. The court also found that at no time did the personal trainer or gym contribute to her injuries with faulty gym equipment, improper teaching of lift techniques, or having her perform an exercise that was inherently dangerous or beyond her ability.

So, where could liability fall on the fitness center and owner?

Liability falls on the gym with the obvious and maybe not so obvious.

Faulty and broken gym equipment. Proper maintenance, repairs, and a procedure for checking all equipment reduce your risks. Remove or tape off faulty or damaged equipment until repaired.
Wet or uneven flooring. Proper signage warning about wet floors or making members aware of steps or uneven floors is critical. Slip-trip-and-fall accidents are the most common source of injuries.
Improper storage of potentially dangerous objects. Lock chemicals, cleaning products, cleaning equipment, and tools in a room or cabinet.
Improper advice or training. Yes, a trainer can be sued for improperly instructing a client or member on how to use equipment or weights. This is one reason it is essential that you have a standard operating procedure for client training, instruction, and documentation to which all trainers must adhere.

How can you better protect yourself as a fitness facility and owner?

We all know accidents will happen. Especially when people are in a gym with equipment or performing new exercises or techniques they might not have performed before. While your focus is always the health and wellness of your members, peace of mind for you and your trainers should also be at the forefront.

Having the correct insurance in place is a great way to start. But also important are non-insurance protections such as the use of waiver/release forms and risk management procedures and checklists that will help to prevent an injury from ever becoming an insurance claim.

Proper documentation for your policies and procedures is important, as well. This includes how to handle injuries: What is the process when a member gets injured? Immediate documentation following the incident, with photos if possible, can help prevent the he-said-she-said situation and may prevent litigation. To be prudent, document if a member continues using the facility following their injury. Track members with a key fob or membership card.

What is the bottom line?

The more proactive you are taking safety and wellbeing measures for everyone, the more peace of mind you can have as a gym owner.

We highly recommend that all personal trainers and fitness club owners/operators read Risks that Could Put Your Fitness Center Out of Business and Injuries at Gyms and Homes. the more peace of mind you can have as a gym owner.

Sadler offers Fitness Instructor Insurance specifically designed to meet the unique needs of personal trainers of all types, including aerobics, yoga, and pilates. We also offer several Health Club Insurance programs, one of which will meet your facility’s needs. You can get a fast quote by clicking the links above or calling 800-622-7372

* This scenario is described in an article published in the June 2021 issue of Hackney Publications Sports Facilities and the Law.

Personal Trainers and Dietary Supplements

Fitness instructors must work within the limits of their certification

All personal trainers and fitness instructors want to see their clients get results from the training that they provide, but it’s important they know their own limits. Personal trainers are often asked for advice about dietary supplements, while others even take on the additional role of selling them.

I caution personal trainers about giving such advice on any level because, believe it or not, they can be swept up as a defendant in a product liability suit.

The dietary supplement industry has been the focus of an FDA criminal investigation for widespread deceptive marketing tactics and hidden ingredients in some products. In 2015, charges were filed against 117 manufacturers and distributers of products falsely marketed as dietary supplements.

Another big issue with dietary supplements is how many contain undeclared substances – as many as 25% of those on the market. Not all those undeclared substances are necessarily harmful, but surely the manufacturers have an obligation to inform consumers as to what they’re ingesting.

The root of the problem

In 1994, Congress defined dietary supplement as “a product taken by mouth that contains a dietary ingredient intended to supplement the diet.” This resulted in supplements fitting into the regulatory category of foods, not drugs. That being said, the regulations for supplements are much more lax than those for prescription medications. This leaves an opening for supplement manufacturers and distributers to infiltrate the market with impure and mislabeled dietary supplements.

What this means for you

If a client to whom you offered advice about or sold a dietary supplement has an adverse reaction due to an undeclared substance, you could be sued along with the manufacturer, distributor, and retailer in a product liability lawsuit.

A case that made it to the New York State Supreme Court detailed in the New York Times article “Health Club and Trainer are Sued in a Death” shows what can happen when a trainer goes too far in advising clients on dietary supplements.

It’s best to steer clear of offering nutritional and dietary advice. Stay in your lane as a certified fitness instructor,

Sports Risk Management for Senior Participants

Preventing injuries and accidents with senior athletes

The baby boomers have gone gray. The youngest of them are in their mid-50s, sprinting toward their senior citizen discounts and fumbling for their reading glasses.

But the generation that ushered in aerobics classes, jogging, and in-home treadmills to popular culture aren’t slowing down. Gyms, rec centers, and fitness classes are filled with people in their 60s and 70s.

If you’re a personal trainer, health/rec center owner/operator, or sporting event planner, you need to be cognizant of the particular health and safety concerns when working with seniors.

First things first

You can expect that most seniors have significant health-related histories that range from failing vision to cardiac disease and anything inbetween. It’s important that you obtain a current and detailed medical history from all seniors, which should include current medications, allergies, implanted devices and past surgeries.

Orthopedic issues

One of the first things to degrade as we age is our sense of balance, which means an increased risk of falls. Minimize these risks by making monitoring trip hazards such as curled mat edges, rugs that slip, wet area and split-level step ups.

Time and use have left their mark on the joints, bones and muscles of seniors. Arthritis and osteoporosis are common ailments among seniors. The results can be loss of cartilage, lack of joint-lubricating fluids, and diminished strength of tendons and ligaments. Such issues leave seniors more susceptible to falls, stress fractures.

Age also has a way of affecting our reflexes, so seniors typically react more slowly. It’s important to recognize that senior athletes may be in good physical shape to participate in their activity of choice, but their reaction time may be less toned, which can result in accidents.

Cardiac and pulmonary issues

Heart and lung-related medical issues are often not immediately apparent, which makes them that much more dangerous. This is a perfect example of why having a medical history on file is important. Seniors with such histories should be required to provide clearance from their medical provider before participating in vigorous or moderate to high aerobic activities.

Heart disease can result in a decreased supply of oxygen to the muscles, which can cause shortness of breath, chest pain and even a heart attack. A defibrillator should be available at your facility or sporting event and staff trained in its use.

Seniors with a history of smoking, asthma and chronic lung disease should be monitored for signs of stressful breathing. Extremely hot and humid conditions can also impact breathing, as can pollen when participating in outdoor activities.

Eyes and ears

Eyesight is among the first senses to be affected with age. Suggest to those who wear glasses that they bring an extra pair just in case they break theirs. Better yet, suggest they invest in sports lenses or a sturdy headband to prevent glasses from falling off. Consider taking the proactive step of keeping a glasses repair kit on hand. Adequate lighting, especially in corridors and restrooms, is essential.

While many seniors live with varying degrees of hearing loss, most do nothing about it. Consequently, they miss much verbal information, which can cause confusion and accidents. It helps to have as much information as possible available in print documents. Clear signage is also important in facilities and venues.

The outdoors

As stated earlier, heat and humidity are significant concerns for senior citizens. They’re also more susceptible to dehydration. Make sure seniors athletes always have access to seating, shade, and plenty of water when it’s hot to avoid any level of heat illness. Encourage them to wear hats and sunglasses when possible and to apply sunscreen.

Rain means puddles and slippery surfaces, and we already know seniors are prone to falling. Monitor the paths and playing areas for accumulated water and slippery areas, as well as holes and debris such as trash and limbs and leaves.

The bottom line

No need to fear working with senior athletes. Most have been active for many years and are aware of their limitations. But being prepared for the unexpected is your best bet in dodging liability in the event of an injury.

Source: Marc I. Leavey. “Planning a Sports Event?” Sports Destination Management. March/April 2017.

Client Profile: Fitness Pioneer Phil Campbell and Sprint 8 Workout

It all started with a small group speed lesson for the Sadler family

In 2006, my family visited Phil Campbell, M.S., M.A., FACHE, ACSM-CPT, for speed training in Jackson, Tennessee. My wife and I were surprised to learn that we were expected to take the training along with our kids. We were amazed at the improvement between our “before” and “after” times using Phil’s techniques and that we did not pull any muscles! In addition, our kids learned some basic speed techniques that served them well throughout their athletic careers.

The added bonus was the Sprint 8 workout that Phil introduced to us. Two of my kids are in college now and they always have time to work Sprint 8 workouts into their busy schedules. Our family continues the workout together whenever the kids are back from college. We just find a track, field, or paved straight away and “work the plan.”

Phil is now a client of Sadler Sports Insurance under our individual sports instructors program which provides General Liability / Professional Liability coverage.

Sprint 8 workout was years ahead of its time

For decades, the medical and fitness community touted slow and boring cardio. However, cardio has not proved to be beneficial for most adults when it comes to fat loss. But Phil was one of the first to promote his version of high intensity sprint interval training (Sprint 8) with the release of natural human growth hormone (HGH) and the associated health benefits, including fat burning. In his book Ready, Set, GO!, SYNERGY FITNESS for Time-Crunched Adults Phil explains the science behind his claims, including documentation of the scientific tests. The original version was published in 2001 with the second edition released in 2006. The book also introduced step-by-step instructions on his Sprint 8 workout. Phil’s techniques have been publicized in Oprah’s O magazine,The Los Angeles Times,Outside Magazine, and Personal Fitness Professional as the fastest and most beneficial workout for busy adults.

Slow cardio is dead, HIIT is better, but Sprint 8 is the best

Slow cardio was king for decades with its benefits being recommended by the American Heart Association and most health care professionals. But it has proven to not be an effective fat reducer and the workouts require a time commitment of at least 40 minutes. HIIT workouts (high intensity interval training), which went mainstream about five years ago, exposed slow cardio and proved to be a more effective alternative. But high intensity sprint interval workouts are even more effective than HIIT. The Sprint intervals, which can be completed in about 20 minutes with only 4 minutes dedicated to high intensity sprint, are much more intense and tests show that they release a greater amount of HGH.

The Sprint 8 Cardio Protocol

Phil’s latest book, Sprint 8 Cardio Protocol, outlines how to implement sprint training on the track, in a pool, on a recumbent bicycle, and on an elliptical for maximum health benefits. It also provides a detailed scientific explanation of the changes that occur within the body during a high intensity Sprint 8 workout.

My personal experience is that sprinting on an elliptical is more taxing than regular sprinting. Also, an elliptical reduces the chances of a hamstring pull. For more information on Phil’s books and services, visit his website at www. 40speed.com

Lowering the Risk of Health Club Deaths With AEDs

State law may require their presence in health clubs

The California family of a man who died of cardiac arrest received a settlement in their lawsuit alleging negligence and wrongful death against a Studio City gym and a personal trainer. The gym member, Marc Palotay, went into cardiac arrest while working out under the supervision of his personal trainer. The amount of the settlement was not disclosed.

The trainer, who was an independent contractor and not a Studio City employee, failed to attempt aid with an AED (automatic external defibrillator) despite knowing his client was having a heart attack. The lawsuit alleged Palotay didn’t receive defibrillation until paramedics arrived, a delay which resulted in his death.

The family claimed no defibrillator was in place at the gym, as mandated by state law. A Studio City manager stated that an AED was on the premises, but the personal trainer was responsible for its use in this case. The same manager pointed out that Palotay, upon joining the gym, had signed Studio City’s waiver of liability.

AEDs in health clubs

Laws regarding AEDs began emerging across the U.S. in the 1990s, including Good Samaritan laws. The hope was that legislation would decrease the risks of liability and encourage placement and use of AEDs in public settings. While each state has existing AED-related laws, they vary widely.

AEDs are required in health clubs by state law in Arkansas, California, Connecticut, Illinois, Indiana, Iowa, Maryland, Massachusetts, Michigan, New Jersey, New York, Pennsylvania, Oregon and Rhode Island. Most hotel spas are exempt from such laws. Washington, DC requires AEDs in recreational facilities.

Use of an AED in a health club can save lives, but it also carries heavy responsibilities, not the least of which are regular maintenance and staff training. Learn more in “Use of Defibrillators in Fitness Clubs” and “Defibrillator Failure: Fitness Center Liability.”

The Sudden Cardiac Arrest Foundation provides information on AED laws in each state here.

Source:

“Studio City gym heart-attack death lawsuit settled.” www.dailynews.com. 26 Oct. 2016.
“AED Laws.” www.sca-aware.org. 2016

Celebrity Trainer Client Suffers Injury and Files Lawsuit

When the trainer or facility is liable

Sore muscles and the occasional pulled ligament at the gym aren’t uncommon and are to be expected. Warming up before exercising and using the equipment correctly are the best ways to prevent injuries. One responsibility of the gym’s staff members and trainers is to assist clients in the proper use of the equipment.

Improper use of equipment and improper supervision can lead to serious trouble for both staff and clients.

A costly fall

A New York woman filed suit against her trainer after she was injured during a training session. According to the suit, Nicole Dickstein, 37, was seriously injured after falling off a balance ball. Dickstein alleges that the ball moved suddenly while she was standing on the side of the ball on one leg holding weights and with no support.

Dickstein’s $250 private training session with celebrity trainer Rich Barretta resulted in a torn hamstring. The injury required extensive surgery that included the insertion of hardware. The suit did not specify the damages Dickstein in seeking. The surgery alone had to run in the many thousands of dollars.

Injuries such as these not only rack up huge medical bills, but can incur the injured person lost wages, emotional trauma, hardship at home, and even derail life events such as weddings and vacations. If the trainer or the gym owner/operator is found liable for the injury, one or both can suffer huge financial losses, not only in compensation to the injured, but in attorney fees, court costs and more.

Protection for health clubs and trainers

We highly recommend that all personal trainers and fitness club owner/operators read “Risks that Could Put Your Fitness Center Out of Business” and “Injuries at Gyms and Homes.”

Source: Julia Marsh. “Mom sues celebrity trainer after suffering torn hamstring.” www.nypost.com. 05 Aug. 2016.

Waiver Saves Fitness Center in PA

Divided court highlights potential waiver pitfalls

Melinda Hinkal found out the hard way that it’s important to read before signing that liability waiver. She, like everyone else who applied to join the gym, was required to sign a waiver before she could begin working out in the facility. After joining, Hinkal claimed that too much weight on the equipment she was using caused a neck injury. It was her contention that the trainer advised her to continue working out even after she complained of pain.

The PA State Superior Court decision ruled she could not sue the gym because the signed waiver stipulates that gym members “assume all risks of personal injury.” However, not all the judges agreed with the ruling. A dissenting judge argued that the waiver agreement “contravenes public policy,” which is intended to protect consumers. The dissenting judge also noted that the waiver didn’t clearly stipulate that personal training sessions were covered.

Would your waiver hold up in court?

This case shows that the outcome of any given case clearly depends on the judge’s interpretation. This case also provides a clear example of some of the points I bring up in “Are Waivers/Releases Worth the Paper on Which They’re Written?” Chief among those points is that courts are more likely to rule in favor of a waiver that was custom written for specific activities and that aims to meet the requirements of your state’s laws.

So, what is a well-written waiver/release? Quite simply, nearly every phrase in every sentence must be written to avoid the pitfalls that resulted in actual rulings against waivers. The above-mentioned article lists 10 common waver risks to avoid.

Waivers and risk management

Given the dissenting opinion and the pitfalls mentioned above, it’s logical to assume that a different panel of judges might have ruled in Hinkal’s favor. So, don’t assume you’ll beat the odds if your waiver comes under scrutiny.

We have many other risk management articles pertinent to health clubs and fitness trainers. And we offer best-in-industry fitness instructor insurance and fitness center insurance at up to 38% savings.

Source: Matt Miller. “Woman signed away her right to sue over injury at Gold’s Gym, divided Pa. court rules,” pennlive.com. 29 Jan. 2016.

Fitness Training on Public Property

L.A. cracking down on trainers without permits

The city of Los Angeles is proposing an ordinance that would require personal trainers using public parks and beaches to obtain permits. The law would also pertain to others who offer goods and services such as food vendors. Santa Monica passed a law that not only requires fitness trainers to have a permit, but carry insurance and pay a fee to use public space. L.A. is considering taking similar steps in addition to the permit.

Complaints from citizens about crowded parks and noise from large boot-camp style classes are one reason the cities are acting. Another is the potential for injury to participants, and the possibility of the city being liable. There’s also the fact that the trainers are making lots of money running their businesses on public property for free. And when they advertise, many of them include the park name, as if it’s a legitimate site for them to do business, said Kevin Regan, of L.A.’s Department of Recreation and Parks.

The city wants fitness instructors to follow the proper channels of operating legitimate businesses, which includes obtaining a city permit and insurance. City officials and many trainers think the new law will weed out those trainers who aren’t certified trainers or trainers who don’t even have a business license.

We invite you to read our other helpful articles on risk management for personal trainers.

Source: Leslie Berestein Rojas, “City to fitness instructors who use LA parks: Get a permit.” scpr.org. 24 June 2015

D.C. Set to Regulate Personal Trainers

So goes Washington, so goes the nation?

For years Washington, D.C. has had bragging rights as the nation’s fittest city, according to the American College of Sports Medicine. Is it possible that pending regulations could cause its ranking to drop?

The Board of Physical Therapy, a small group of D.C. regulators, is set to publish new standards for personal trainers in the District that could have widespread ramifications in the industry. The regulations also include development of a registry of all personal trainers in the District.

Will regulation provide clarity and accountability?

Those advocating for regulation say the intent of the law is to provide protection for the consumer. “Industry estimates show 40 percent of all trainers have no gym affiliation, meaning they are accountable to no one even though they are often in positions of authority with clients,” said Graham Melstrand, board president of the Coalition for Registration of Exercise Professionals.

But who decides on the definition of “personal fitness trainer?” There are kinesiologists, corrective specialists, exercise instructors and hundreds of trainers with sub-specialties.

“Setting one pathway, one test, one methodology to train individuals — that can be problematic.”, said Phillip Godfrey, a Washington medical exercise specialist. Godfrey is among many who think a board that regulates the industry should be comprised of personal trainers and academic experts, not physical therapists.

The cost of regulation

D.C.’s move toward regulation is rooted in Obamacare, which provides incentives to employers who offer wellness programs and calls for preventive health-care initiatives. That mean big bucks for credentialed programs and trainers.

Currently, personal trainers are unregulated in all 50 states, though registration and/or licensing is being debated in Massachusetts, Florida and other states. Licensing means that only those who meet the government’s criteria and acquire a license are permitted to practice the profession.

CrossFit, arguably the largest chain of fitness centers in the country with over 13,000 affiliate facilities, will be hard hit. CrossFit has it’s highest concentration of facilities in the District.

When a board declares what is good or bad, who is right or wrong, it impacts the law of legal liability. Insurance rates could go through the roof, said Andrew Killion, a D.C. CrossFit trainer said.

Opponents argue that many gyms will have to close while the owners and trainers acquire certification. They also claim that state registries or licenses could also affect preventive health programs. For example, an employer may receive more credit by offering a certified aerobic program than for a fitness routine run by a random CrossFit instructor. Since every program works differently for everyone, this begs the question of whether the government should decide what choices the consumer is offered.

We’ll be watching for developments after regulation in D.C.goes into effect, and to see when, not if, other states follow Washington’s lead.

Source: Aaron C. Davis, “In the nation’s capital, a new business to regulate: D.C.’s personal trainers.” washingtonpost.com. 23 Aug. 2015.

Treadmills Account for Most Equipment-related Health Club Injuries

And most are preventable

The treadmill is the riskiest of all workout machines because it has a motor that propels it, unlike ellipticals and stationary bicycles. However, most injuries are minor and deaths, as in the David Goldberg case, are rare.

There were an average of three treadmill-related deaths per year reported between 2003 and 2013, according to the U.S. Consumer Product Safety Commission. There were 24,400 treadmill-related injuries requiring emergency room visits reported in 2014. There were 62,700 injuries related to exercise equipment, which includes weights, trampolines, swimming pools, and golf clubs. Treadmills account for the largest number of injuries in that category.

Emergency room doctors report that the majority of injuries from sports equipment are associated with overuse, such as an injured tendon from a long run on a treadmill.

Treadmill accidents tend to occur more frequently among older and inexperienced users. Getting instructions on use of the machine is key in avoiding treadmill accidents and consulting with a physician before embarking on treadmill activity is highly recommended for seniors.

Unknown heart problems can surface with exercise, which can cause people to die suddenly while exercising. These types of hidden heart problems can be caused by a genetic abnormality or chronic coronary disease that cannot withstand strenuous exercise. Heart problems account for about 80 percent of sudden deaths in which people collapse and are unable to be resuscitated.

For more information see “Injuries at Gyms and Home.”