Advertising Disclosure Email Disclosure

Walking across the gym floor is not an activity with inherent risk of injury assumed by a waiver.

January 19, 2018
Crossing-Lyons v. Towns Sports Int’l Inc., N.J. Super. App. Div., 2017 N.J. Super. Unpub. LEXIS 1703, Docket A-3908-15T3, on appeal from Essex County Docket L-2024-14

The appellate court reversed the dismissal based on waiver and application of Stelluti v. Casapenn Enterprises, L.L.C., 203 N.J. 286. The plaintiff tripped over a weight belt left on the floor by another gym member. The evidence showed the trainer knew it was there but did not remove it, despite the gym’s policy of keeping the floors clean and uncluttered. The appellate court found the waiver signed by the plaintiff unenforceable. The plaintiff was not engaging in any activity involving inherent risk of injury when walking across the floor.


Case Law Alerts, 1st Quarter, January 2018

Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2018 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.

Affiliated Attorney

Alicia M. Smith
(856) 414-6072

Practice Areas

Before you send this email please note:

You are attempting to send email, through a link on our website, to an attorney of Marshall Dennehey Warner Coleman & Goggin or an employee in our firm. Please note that your email may not be treated as confidential and does not create an attorney-client relationship. You should not rely upon the transmission of an email through this website if you are seeking to enter into such a relationship. Until such time as we have agreed to represent you, no information in your email will be treated as confidential. Please contact us directly by telephone at 1.800.220.3308 if it is your intent to seek legal counsel with our firm or convey confidential information.

If it is still your intent to send this email, knowing that it may not be treated as confidential, you may accept our terms of agreement by pressing "OK". If you choose not to accept these terms of agreement you may navigate away from this page by pressing "Cancel."