- Walking across the gym floor is not an activity with inherent risk of injury assumed by a waiver.
- March 1, 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.