NJ Supreme Court Deals Blow to Premises Safety

A ruling by the New Jersey Supreme Court has dealt a blow to consumer rights and safety expectations of the residents of the state. A 5-2 decision handed down yesterday cleared a New Jersey health club from liability in a case regarding the injury of one of its members. Bob Considine of the New Jersey Star-Ledger has these details:

In the case of Stelluti v. Casapenn Enterprises, Gina Stelluti purchased a gym membership at the Powerhouse Gym at 8:30 a.m. on Jan. 13, 2004, and was injured less than an hour later while using a stationary bicycle in a spin class.

Stelluti, of Seaside Heights, claimed the bike’s adjustable handlebars dislodged as she was instructed to stand on the pedals. Stelluti’s feet remained strapped into the pedals as she fell forward, causing her to suffer chronic neck and back pain, as well as a cracked tooth, according to court papers.

Stelluti sued Powerhouse for negligence.

The defense argued Stelluti was bound by the agreement — or the Powerhouse Waiver and Release Form — she signed before joining the gym. Among the many conditions of the form was release of liability by the club for “the sudden and unforeseen malfunctioning of any equipment.”

By allowing the gym to excuse itself from liability regarding the safety of its patrons, the New Jersey Supreme Court has made the regular task of exercising a dangerous and potentially costly activity for thousands of gym members across New Jersey. The “Waiver and Release” forms that were used by Powerhouse and many other gyms provide protection for the businesses from a wide swath of potential safety hazards, including injuries that result as a result of “general negligence”, which includes harm caused by faulty or unchecked equipment and environmental hazards such as slippery floors.

When businesses and corporations are allowed to seek profits without expending due diligence protecting their consumers, a dangerous lapse in our society’s protections occurs. At PERENICH The Law Firm, we fight for the citizens of our country that have been the victims of negligence and wrongdoing at the hands of companies that placed profits over safety. As your Tampa Bay premises liability lawyers, we can help you heal from injuries and pain that resulted from businesses not making safety their number one priority.