Appellate Court Holds Contract Bars Claim for Paralyzed Gym Member
Posted on September 3, 2013 by Eugene Hollander
, personal injury
, workplace injury
In a recent opinion, the Illinois Appellate Court has held that a man who was paralyzed while using exercise equipment at a health club is barred from suing the club because of the language in his contract with that entity. In 2009, the Plaintiff was severely injured while suing a weight assisted dip and chin-up machine at L.A. Fitness. His injuries led him to became a quadriplegic. The Plaintiff joined the club five months before, but language in his contract exempted the club "from all liability" to members. The Circuit Court of Cook County dismissed his negligence suit. The Plaintiff appealed, contending that the language was confusing and inconsistent with Minnesota law, where he resided when he joined the club. The appellate court rejected his argument, reasoning that the club had no duty to explain the contract to him before he signed it. Results like this, unfortunately, are not uncommon. If a disclaimer is clear and conspicuous, it will usually bar a claim if the Plaintiff signs it in advance.