Summary Judgment Granted to Gym and Landlord in Slip and Fall Case

In the case of Rifkin v. Fitness International, LLC, No. 19-CV-5686 // 20-CV-4547 (E.D. Pa. June 15, 2022 Sitarski, J.), the court granted summary judgment in favor of the possessor of land in this slip and fall case.

According to the Opinion, the Plaintiff slipped and fell in the locker room of the gym.

The court found that, based upon the record developed during discovery, that the out-of-possession landlord did not retain control over the premises and/or the area where the Plaintiff fell.   

As such, the court found that the landlord-defendant was entitled to summary judgment.    

 Anyone wishing to review a copy of this decision may click this LINK.  Here is a LINK to the court's companion Order.

In a separate Opinion issued by the same court in the same case on the same date, the court granted summary judgment to the gym, which was the tenant-defendant, as well.

In that decision, the court initially noted that issues of fact on the issue of whether the Plaintiff had signed a waiver form when he joined the gym precluded the entry of summary judgment in favor of the gym in that regard.  

However, the court found that the tenant-defendant was entitled to summary judgment on other grounds.

In its decision, the court stated that, absent any evidence of prior similar incidents in the same location, a Plaintiff cannot establish actual notice on the part of the possessor of land in a slip and fall case.

The court additionally found that the Plaintiff failed in proving any constructive notice in this case where the Plaintiff did not know what caused him to fall, let alone how long any such condition was present.

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 Reed Smith law firm for bringing this case to my attention.

Source of image: Photo by Ron Lach on www.pexels.com.

Fitness Center's Exculpatory Release Muscles Out Plaintiff's Claim

In the case of Urena v. L.A. Fitness, No. 20-964 (E.D. Pa. July 29, 2021, Schmehl, J.), Court granted summary judgment in a personal injury case arising out of an injury that occured at a fitness center.

The Court ruled that an exculpatory waiver agreement involving voluntary recreational activities is valid and enforceable. The Court found that the waiver did not implicate any public policy as private recreation does not implicate any public interest.

The Court additionally rejected the Plaintiff’s argument that the agreement was a contract of adhesion since the Plaintiff was under no compulsion to exercise at a gym.

Notably, the Court also ruled that a signed exculpatory clause can not be avoided by a signatory’s claim of an inability to understand English.

Anyone wishing to review a copy of this decision may click this LINK.  The Court's Order in this case can be viewed HERE


I send thanks to Attorney James M. Beck of the Reed Smith Law Firm from Philadelphia for bringing this case to my attention.

Source of Image:  Photo by Samuel Girven on Unsplash.com.

Fitness Club's Exculpatory Clause Upheld to Defeat Plaintiff's Personal Injury Claim

In the case of Cifarelli v. RKKB Capital Partners Corp., No. 9626-CV-2019 (C.P. Monroe Co. March 1, 2021 Zulick, J.), the court granted a Defendant fitness facility’s Motion for Summary Judgment in a matter in which a Plaintiff fell while using a treadmill.

According to the Opinion, the Plaintiff was using a treadmill when the treadmill mat slipped off its track, causing the Plaintiff to fall and suffer injuries.   

The Plaintiff filed suit against the gym. In its Answer and New Matter, the gym raised a defense of a release. 

According to the Opinion, the Plaintiff had signed a membership agreement in which she agreed to release the fitness center from liability for injuries she suffered on the premises due to negligence.   

Judge Zulick noted that, in a number of cases involving fitness club agreements, the Pennsylvania appellate courts have consistently held that exculpatory provisions violate public policy only when they involved a matter of interest to the public or the state.   The court cited examples such as cases involving employer/employee relationships, public utilities, common carriers, and hospital. 

The court noted that the Plaintiff had signed a membership agreement for a gym or health club.  The court noted that the Plaintiff was free to refuse to sign the release and to look elsewhere for fitness activities.   

By signing the agreement, the Plaintiff agreed that she understood that she was giving up important legal rights and that the contract would be a full release of liability for injury.   

The court also rejected the Plaintiff’s attempt to get around the release by arguing reckless conduct.   While the court agreed that an attempt in a release to avoid liability for reckless conduct is not enforcement as a violation of public policy in Pennsylvania, the case at hand did not contain facts supporting a claim of reckless conduct.  

As such, the Defendant’s Motion for Summary Judgment was granted.   

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

Source: “Digest of Recent Opinions.” Pennsylvania Law Weekly (March 23, 2021). 

I also send thanks to Attorney Daniel D. Stofko of the Scranton, PA office of Margolis Edelstein for bringing this case to my attention.

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Pennsylvania Supreme Court Rules That Lack of Padding On Public School Gym Walls Falls Within Real Estate Exception to PSTCA

In the case of Brewington v. City of Philadelphia, 23 EAP 2017 (Pa. Dec. 28, 2018)(Maj. Op. by Todd, J.)(Concurring Op. by Wecht, J.), the court considered the current status of the real property exception to the governmental immunity provided by the Political Subdivision Tort Claims Act, 42 Pa.C.S.A. Section 8541 et seq.

In this case, the Court found that the lack of padding on a gym wall in a public school may constitute negligence in the care, custody, and control of real property, and thereby fall within the Act's real estate exception to immunity.  In this matter, a student was injured when he ran into the gym wall during a relay race.

As such, the defendant's motion for summary judgment was denied.

The Majority Opinion by Justice Todd can be viewed at this LINK.  The Concurring Opinion by Justice Wecht can be viewed HERE.

I send thanks to Attorney Scott Cooper of the Harrisburg, PA law firm of Schmidt Kramer for bringing this case to my attention.

Summary Judgment Granted on Basis of Release in Membership Agreement With Gym

In the case of Hill v. LA Fitness, No. 2017 - CV - 2092 (E.D. Pa. April 10, 2018 Joyner, J.), the court granted summary judgment for the Defendant on the Plaintiff’s personal injury claim where the Plaintiff knowingly and voluntarily agreed to a valid and enforceable exculpatory waiver or release of liability. 

According to the Opinion, the Plaintiff was allegedly injured when he tripped and fell over a yoga mat mistakenly left on the floor on the basketball court at an LA Fitness facility.  

The defense filed a summary judgment asserting that the Plaintiff’s action was barred by the exculpatory waiver in the Plaintiff’s membership agreement.  

In opposition to the motion, the Plaintiff did not challenge the validity or enforceability of the agreement but instead argued that there was a genuine issue of material fact as to whether he signed the agreement.

The court noted that, although the Plaintiff testified at his deposition that his then girlfriend signed his name to the first page of the agreement, the Plaintiff otherwise admitted that he did read the agreement and initialed the remaining pages of the same.   The court found this to be evidence that the Plaintiff understood that he was entering the membership agreement, including the exculpatory waiver.  

Because the Plaintiff was found to have entered a valid enforceable exculpatory waiver, the court ruled that the Plaintiff’s negligence claims were barred by that waiver and, therefore, granted the Defendant’s Motion for Summary Judgment. 

The Court's Opinion can be viewed at this LINK.  Here is the LINK to the companion Order.

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.