Friday, August 6, 2010

NJ Court holds gym waiver is express assumption of the risk

Law students familiar with the Prosser textbook will remember the case it uses to illustrate the defense of express assumption of the risk involves a waiver of liability signed by a member of a gym. It is not unusual for courts to validate these waivers which provide immunity to the gym. The NJ Supreme Court has added another decision on the topic. It ruled today that the former Powerhouse Gym in Brick Township was not liable for injury after a member injured herself on a faulty bicycle because she had signed a waiver of liability. Go here for the full story.
Not all cases have held the same way though. Here is a note on an older case that held a waiver was contrary to public policy.

For a short critical comment on the validity of these type of waivers go here.

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