At least now, when I want to avoid going to the gym, I can cite something legal – not necessarily legal “authority”, but a legal document nonetheless – in support.
Here is the complaint filed on 11/3/14 by Elizabeth Lapp against her gym, Club 7. Plaintiff alleges, among other things, that she was injured during an instructor-led fitness class while using a “resistance band”, which “snapped [loose] causing the band to abruptly and violently hit [her] in the eyes.”
She asserts claims for negligence, strict liability, and breach of warranty. She also seeks (in an apparent violation of CPLR 3017(c)) “actual damages resulting from Defendants’ wrongdoing in excess of one million dollars”.