Friday, June 1, 2018

Exculpatory Clause in Gym's Membership Agreement Supports Summary Judgment in Slip and Fall Case

In the case of Vinson v. Fitness & Sports Clubs, LLC, No. 2018 Pa. Super. 113 (Pa. Super. May 4, 2018 McLaughlin, Bowes, Musmanno, J.J.) (Op. by McLaughlin, J.), the court affirmed a trial court’s entry of summary judgment based upon a Plaintiff’s execution of a recreational release. 

This case involved a plaintiff who was allegedly injured when she slipped and fell due to a wet floor mat.

The court ruled that recreational releases, such as those required by gyms are valid and are enforceable.   The court additionally noted that an alleged failure to read the release is not a valid defense. 

The court also noted that voluntary athletic or recreational activities are not matters of public or state interests.  

The Vinson court upheld the exculpatory clause contained in gym's membership agreement under which the member agreed to release the gym for any liability for any injuries sustained in the gym.

Anyone wishing to review a copy of this decision may click this LINK

I send thanks to Attorney James M. Beck of the Philadelphia office of the Reid Smith law firm for bringing this case to my attention.  

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