Premise liability law was recently the subject of discussion in the Miami Herald. Michelle K. Suarez of the Miami Herald takes a look at premise liability in the context of gyms and specifically CrossFit in a recent article titled “My View: Taking measures to minimize liability in gyms.”
Suarez writes, “Another liability facing CrossFit affiliates in Florida is premises liability arising from any invitee injured at the gym by unsafe conditions or foreseeable dangers. In Florida, a business owner must use care to maintain the premises in a reasonably safe condition and owes two basic duties to an invitee: 1.) to use ordinary or reasonable care in keeping the premises in a reasonably safe condition, and 2.) to warn individuals of dangers that are known or should be known to the owner or occupant. Additionally, CrossFit affiliates in Florida owe a duty to protect members and other gym attendees against negligent injury from third parties and foreseeable dangers. Additional liability concerns come into play when considering the actions of the gym patrons. ‘CrossFitters’ are notorious for throwing barbells at the end of several exercises, such as a clean and jerk. But what happens when someone is injured by weights thrown by another CrossFit patron? Will this be considered a foreseeable injury? In one case in Florida, a gym member dropped free weights suddenly, resulting in a loud noise. This noise caused another gym member to turn suddenly, resulting in injury. The court held that because there was no evidence showing that the gym owner knew or should have known that the other patron posed a risk, or that there was ever a problem with anyone handling free weights, the patron’s harmful conduct was not foreseeable by the gym and the gym owner could not be liable. In the CrossFit community, throwing weights is almost dogma. Will courts in Florida find that CrossFit owners have a duty to warn their patrons of such a risk? With CrossFit gyms continuing to pop up all over Florida, it won’t be long before the courts provide the answer. In the interim, adequate supervision of staff and patrons, and a waiver and release form, are the best ways to protect against liability.”
The Law Offices of Gilbert & Smallman handles personal injury liability cases of all types. If you or someone you care about was injured due to another’s negligence, contact us today. Free consultations available 24/7 by phone! Our offices conveniently are located in Miami, North Miami, Hollywood and Tallahassee. At Gilbert & Smallman we pride ourselves on service to our clients. Contact us today for your free one on one consult with one of our experienced injury law partners.
