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: ThePopTortSpin, Sweat and Tone at Your Own Risk
By Joe Consumer
Beautiful fitness
instructors? Check. Yummy health
café? Check. All kinds of exciting
classes? Check. Happy kids? Check. Defective bikes that
seriously hurt their members?
Defective bikes? Anyone?
No, you won?t see
those mentioned on Powerhouse Gym promos. This would include the bike that apparently hurt Gina
Stelluti less than an hour after she purchased a membership at a New Jersey
Powerhouse club. According to her
lawsuit, which was
thrown out of court yesterday, the handlebars on her spin class bike ?dislodged
as she was instructed to stand on the pedals. Stelluti?s feet remained strapped
into the pedals as she fell forward, causing her to suffer chronic neck and
back pain, as well as a cracked tooth, according to court papers.?
It?s not that the bike wasn?t defective and caused her
injury. It?s that to join the gym,
like most gyms, she had to sign a liability waiver. This actually included a release of liability by the gym for
"the sudden and unforeseen malfunctioning of any equipment."
Somehow, I doubt their ?membership specialists? point that
out when persuading potential new members to hand over their credit cards. This is not OK. And that most gyms force members to sign
these waivers shouldn?t make it legally OK, either. In fact, other courts have
found these waivers to be against public policy. (See this 2009 Connecticut decision.) But the reality is, people unwilling to submit
to this immunity would never get a gym membership.
Of course, this raises a much
bigger issue, similar to another one we?ve discussed before (here,
here, here) in the context of mandatory binding arbitration clauses, which have become
standard in credit card and real estate contracts, applications for bank loans and
leasing cars, employment contracts and even HMO policies.
Like arbitration clauses, liability waivers are nothing more than corporate end
runs around the civil justice system.
Where Big Business and their political allies have failed to
legislatively eliminate the civil jury, they have accomplished exactly the same
objective here -- abolishing jury trials and eliminating the American public?s
right to sue and hold accountable corporations that cause injuries.
We couldn?t have put it better than dissenting judge Justice
Barry T. Albin, who said,
[T]he court has abandoned its traditional role as the steward of the common law. For the first time in its modern history, the court upholds a contract of adhesion with an exculpatory clause that will allow a commercial, profit-making company to operate negligently ? injuring, maiming, and perhaps killing one of its consumer-patrons ? without consequence.
Full post as published by ThePopTort on August 06, 2010 (boomark / email).
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To Every Day, Spin, Spin, Spin
The tough lot of the law department for a spin-off
Big Difference in Post-Debate Spin.







