In Serin v. Soulcycle Holdings, LLC, 2016 NY Slip Op 08179 (App. Div. 1st Dept. Dec. 6, 2016), the Appellate Division unanimously reversed a lower court’s order granting defendant’s motion for summary judgment. The court held: Although defendant made a prima facie showing that the spin cycle on which plaintiff was injured was not defective and…
Read More Spin Cycle Personal Injury Case Continues; Claim Not Barred By ReleaseIn Ingram v. Life Fitness, 2016 NY Slip Op 05085 (App. Div. 1st Dept. June 28, 2016), the court reversed a denial of summary judgment to defendants, and directed the clerk to enter judgment dismissing the complaint. In her complaint, plaintiff alleged that, while she was attempting to step on a treadmill – identified in the…
Read More Treadmill Injury Claim Dismissed; Plaintiff Assumed the RiskAt 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…
Read More Gym Injury LawsuitA state appellate court recently held that the New York statute that requires certain health clubs in the State of New York to provide an automated external defibrillator (AED) device, as well as a person trained in its use, also imposes an affirmative duty of care upon said clubs so as to give rise to…
Read More “Death by Gym” Less Likely Now – Court Imposes Affirmative Duty to Use Defibrillator