Anyone who engages in a sport or other physical activity understands there may be some inherent risks involved. If you aren’t in shape, you could pull a muscle. If the game involves tackling, you might get knocked hard to the ground.
Generally, injury lawsuits prohibit claims where the injured person assumed the risk of that injury by participating. But that doesn’t mean every injury sustained in sports, workouts or other physical activity is covered under this umbrella.
Take for example the recent case of Lik v. LA Fitness, recently weighed by the Nassau County Supreme Court in New York. Here, a patron is suing the gym where he held a membership after falling and suffering injury during a basketball game at the facility in January 2014. The issue was not that he fell during the game, but rather the injury he sustained when he hit the floor. Plaintiff alleges that a floor board on the facility’s basketball court was defective and therefore created a dangerous condition. As a property owner, the gym owed a duty of care to customers to ensure the site was reasonably free from dangerous conditions and foreseeable hazards. Continue reading