Superior Court refuses to enforce health club waiver

2014-07-22 | Philip R. Dunn

Category: Personal Injury & Wrongful Death

Philip R. Dunn

The plaintiff fell off of a Bosu Ball after being placed on it by a trainer at the gym.  The Superior Court grants the plaintiff’s motion for summary judgment on a special defense asserting a waiver of any claims for negligence against the gym and its employees.  Based on the gym’s presumed expertise, the Superior Court refused to enforce the agreement, classifying it as an adhesion contract that was unenforceable under a 2006 Supreme Court case setting forth the parameters for the enforceability of such releases.  Butler v. Saville, New Haven Superior Court (July 1,2014)

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