badge
badge
badge
badge
badge
badge
badge

California Health Club Prevails on Appeal in Shower Slip and Fall Case

September 13, 2017

Gavel

San Diego slip and fall lawyers know some of the most common sorts of documents that enter into play in personal injury cases are various forms of contracts. These documents are things like car insurance policies, employment contracts, or one or another forms of liability waivers. In the case of premises liability claims, for example, people who have paid to attend a sporting event, amusement park, or county fair may have assumed the risk of any potential injury that may occur while on site. In many cases, the terms of this agreement may appear on the back of a ticket purchased, or in some cases they involve actually signing a document.

In one recent case, an older gentleman signed one such liability waiver in the course of joining a fitness club.

In the case, the 60-something plaintiff signed various forms when becoming a member of the defendant gym. The membership agreement included a section entitled “IMPORTANT: RELEASE AND WAIVER OF LIABILITY AND INDEMNITY,” which stated that the undersigned waived any and all potential for injury, “whether caused by the active or passive negligence” of the defendant club.

On the day of the injury that prompted the lawsuit, the plaintiff was proceeding to take a shower and slipped and fell hard onto the ground, resulting in his humerus snapping in half, requiring subsequent surgery and necessitating screws. The plaintiff relayed various evidence in support of his prior conversations with employees of the club, telling them that he had fallen on prior occasions, and his belief that the lack of any handrails, shower mats, or friction strips in the room created a dangerous condition.

The plaintiff alleged gross negligence on the ground that he had put the defendant on notice during the prior occasions when he had fallen. Defense counsel argued that the plaintiff did not produce evidence that anyone with the authority to act on the complaints had received the information, and without that sort of factual information, the plaintiff could not support a claim of gross negligence. Defense counsel was thus successful in urging the trial court to strike the claim for gross negligence on the basis that the information necessary to support the claim was not presented, and the trial court stated that the plaintiff further did not present case law supporting the premise that the lack of such evidence could still rise to a finding of gross negligence.

Both parties conceded that the release contained within the membership agreement was a complete defense to an ordinary negligence claim. Furthermore, after an extensive discussion of the relevant case law, the Court of Appeal found that the plaintiff had failed to meet the burden of demonstrating gross negligence when he decided not to take leave to amend his complaint in order to include evidence of the alleged inaction of the defendant to cure the allegedly unsafe condition.

Thus, the Court of Appeals found that the trial court’s granting of summary judgment was proper, and the decision was affirmed.

Zev Rubinstein is a slip and fall lawyer who has been fighting for the rights of injured victims in the San Diego, San Marcos, and Oceanside areas for 25 years. As a seasoned premises liability lawyer in Vista, he understands the complex laws that apply to these cases, and he can help ensure you receive the compensation you deserve. If you or a loved one has been injured, contact the Rubinstein Law Group today to schedule your free consultation.

Client Reviews
★★★★★
“Zev helped me in an injury case after my first auto collision. Zev was such a great help and made everything easy and low maintenance. He works around your schedule and goes out his way to meet you. He communicated with me regularly and consistently kept me informed on the case. He made sure I was taken care of and I am happy with the outcome of the settlement. I would recommend him to anyone in need of legal assistance. Thank you Zev!” John N
★★★★★
"Mr. Rubinstein is the first lawyer I’ve ever used for an auto accident, but I must say he is very good at what he does. I didn’t need to do much on my part as he spoke and solved everything with the insurance companies. Even though I’ve never had another lawyer, he worked much faster and knew more ways to solve the case than another lawyer other people involved had used. I will be using him again, even though I hope I won’t need to, as he made things very simple and easy." A Kudzu User
★★★★★
"Thank you very much for all your hard work and effort in obtaining the settlement on my behalf. It s not often that I have met and worked with such a passionate, dedicated and focused lawyer. Your attention is 100% customer and goal oriented, and many business professionals could learn from your excellent can do attitude and effort. Zev is a great person and I am very appreciative of everything you did for me. I recommended this group for represent any person in case of car accident. Thank you Zev!" A Yahoo User