Past Newsletters
Past Newsletters
2023
October 2023
Article:
Fitness Program and Facility Supervision
Cases:
Four cases are summarized – two that deal with program supervision failures (group exercise and personal training)
and two that address facility supervision failures (fitness facility daycare center and high school locker room)
July 2023
Article:
Legal Duties Toward Invitees: A Review of Case Law
Cases: Richards v. Lifetime Fitness, Inc. (spotlight case)
Additional cases:
Lik v. LA Fitness, Inc.
Crossing-Lyons v. Town Sports International, Inc.
Grijalva v. Bally Total Fitness
Anast v. LTF Club
April 2023
Article:
Fitness Facility Orientation: Informing New Participants of Their Safety Responsibilities
Case: Bennett v. Biernacki, et al.
January 2023
Articles:
1) The Del Castillo and Cooksey Cases: An Analysis of State Dietetics Practice Acts and First Amendment Speech Rights
2) New Certified Fitness Safety Manager (CFSM) Ron Betta Launches Fit Pro Safety
Cases: Del Castillo v. Secretary, Florida Department of Health and Cooksey v. Futrell (both cases involve wellness professionals who were practicing dietetics without a license (Florida and North Carolina cases, respectively).
2022
October 2022
Articles:
1)Anti-Discrimination Laws: Part 2
2)New ACSM CEC Course: Law for Fitness Managers
Cases: Waller v. Blast Fitness Group, LLC and Cormier v. PF Fitness-Midland, LLC
July 2022
Articles:
1)Anti-Discrimination Laws: Part 1
2)How Would You Prevent this Title III ADA Case?
Case: Class v. Towson University (Trial Court and Appellate Court Cases Described)
April 2022
Articles:
1)Risk Management Strategies for Group Exercise Programs: Part 2
2)Proper Hiring, Training, and Supervision of Group Exercise Leaders (GELs)
Cases: Webster v. Claremont Yoga and Marchese v. Gamble
January 2022
Articles:
1) Three NEW Educational Opportunities in 2022 including two "free" webinars in February
2) Risk Management Strategies for Group Exercise Programs: Part 1
Cases: Honeycutt v. Meridian Sports Club (Scheck v. Soul Cycle was also briefly described)
2021
October 2021
Article:
An Analysis of Gross Negligence Cases Involving Exercise Professionals and Fitness Facilities
Cases: Two cases involving exercise professionals (Assaf Blecher v. 24 Hour Fitness and David Stevens and Gallant v. Hilton Hotels Corp.) and two cases involving fitness facilities (Chavez v. 24 Hour Fitness and Grebing v. 24 Hour Fitness).
July 2021
Articles:
a) Why are Exertional heat Injures Still Occurring?
b) Risk Management: Isn't It Time to be Proactive Versus Reactive
Case: Lee v. Louisiana Board of Trustees for State College (additional heat injury cases were also described in this issue)
April 2021
Article:
The Need for Legal/Risk Management Education
This issue described:
a) The new textbook-- Law for Fitness Managers and Exercise Professionals, published by the Fitness Law Academy, LLC
b) Two NEW educational courses that accompany the new textbook: 1) Faculty Training Course, and 2) CEC/CEU Self-Study Course
c) New Certification -- Certified Fitness Safety Manager -- offered to those who successfully complete the CEC/CEU course
January 2021
Article:
State AED Statutes: Do You Know Your State’s Requirements?
Case:
Boggus obo Casey v. Texas Racquet & Spa, Inc. (additional cases were also described in the article)
2020
October 2020
Article:
Distinguishing “Legal” and Professional” Scope of Practice: Part 2
Cases:
Cooksey v. Futrell and Sosa-Gaines v. Capital Fitness (both deal with crossing the line into a licensed practice (i.e., dietetics in Cooksey and chiropractic medicine in Sosa-Gaines)
July 2020
Article:
Distinguishing “Legal” and Professional” Scope of Practice: Part 1
Case:
Bartlett v. Push to Walk (injury to a 36-year-old quadriplegic; grossly negligent instruction by an exercise professional)
April 2020
Article:
COVID-19 Pandemic: Responses to Legal Liability Questions from Newsletter Subscribers (co-author: Savanna Jackson Mapelli, JD)
Part I – Questions from Subscribers
Part II – Liability: Virtual Exercise Programs
Part III –Liability: Re-Opening Fitness Facilities
Cases:
a) Pecora v. Fitness Intl., LLC (MRSA case, no liability of defendant)
b) Tynes v. Buccaneers Limited Partnership ($20 million MRSA case that was settled for an undisclosed amount)
January 2020
Article: The Link between the Lack of Practical Skills and Legal Liability: Part 2
Cases:
a) Gallant v. Hilton Hotels Corp. (Kettlebell class injury; spacing recommendations were not followed)
b) Mellon v. Crunch (injury to personal trainer client due to improper instruction of an exercise with a bench that was 2-3 feet high)
2019
October 2019
Article:
The Link between the Lack of Practical Skills and Legal Liability: Part 1
Case:
Butler v. Saville et al. (injury to a personal trainer client, age 62, due to negligent instruction of an exercise with a BOSU ball; $750,000 settlement)
July 2019
Articles:
a) HIT Versus HIIT: Are There Injury and Legal Liability Differences?
b) Risk Management Success Story by Dr. Tiffany Esmat
Cases:
a) Proffitt v. Global Fitness Holdings, LLC et al. (client of first personal training session suffered exertional rhabdomyolysis due to high intensity workout involving squat exercises; case was settled)
b) Horowitz v. Luxury Hotels International of Puerto Rico, Inc. (first-time indoor cycling participant suffered exertional rhabdomyolysis – several negligent claims)
April 2019
Article:
Distinguishing Standards of Care and Standards of Practice
Case:
Covenant Health System v. Barnett (plaintiff injured due to improper instruction/supervision of step test at a community health fair sponsored by the defendant – ACSM’s Guidelines served as evidence to show the standard of care was not met)
January 2019
Articles:
a) Minimizing Legal Liability Exposures: Risk Management Strategies that Work!
b) Distinguishing Muscle Soreness and Pain
Case:
Howard v. Missouri Bone and Joint Center (college football player suffered a severe and permanent back injury while performing squats as part of an assessment-- the athletic trainer told him “no pain, no gain” and to continue the reps after the initial injury).
2018
October 2018
Articles:
a) Identifying Legal Liability Exposures
b) Risk Management Success Story by Tina Topalian, MS, RD, MBA
Case:
Crossing-Lyons v, Towns Sport International, Inc. (client of a personal fitness trainer trips and falls on a weight belt that was left on the floor – waiver was ineffective in protecting the fitness facility)
July 2018
Articles:
a) Exercise, Exercise Equipment Injuries Rise Significantly
b) Risk Management Success Story by Christine Timberlake, Program Manager at Rock Steady Boxing, Inc.
Case:
D’Amico v. LA Fitness (injury due to an intensive workout instructed by a personal fitness trainer; defendants violated the Connecticut Unfair Trade Practices Act – deceptive advertising regarding qualifications of trainers)
April 2018
Article:
Preventing Treadmill Injuries and Subsequent Litigation
Cases:
a) Jimenez v. 24 Hour Fitness (fitness participant sustained catastrophic head injury when she fell off a treadmill hitting her head on exposed steel foot of a leg exercise machine only 3 feet, 10 inches behind the treadmill – defendant was grossly negligent for knowing it did not meeting spacing requirements)
b) Additional treadmill cases: Corrigan v. MuscleMakers, Inc. and Guerra v. Howard Beach Fitness Center and Gold’s Gym
January 2018
Articles:
a) Indoor Cycling Injuries in the News
b) Readers of ACSM’s Health & Fitness Journal Respond to Our Article on Pre-Activity Screening Procedures
Cases:
Indoor cycling injury cases: Stelluti v. Casapenn Enterprises, LLC and Scheck v. Soul Cycle East 83rd Street, LLC – both involved injuries to participants due improper instruction