Legal Question in Personal Injury in New York

tort law

I work in the fitness center of a private club. We have a committee which oversees the fitness center. We have an annual fitness contest, which I as the fitness manager (certified) usually design. This year one of the committee members, with the approval of the club management, took it upon himself to design the contest ignoring all input from me. He has no fitness qualifications, My question: Is there liability if someone were to be injured during this contest, and if so, who may be liable,


Asked on 3/16/09, 11:33 am

2 Answers from Attorneys

Re: tort law

Of course, liability always depends upon the circumstances. If someone is injured in a contest designed not by a professional, but someone lacking in experience, there may well be liability on the part of the fitness center (corporate?). Most likely, the individual committee member, even if named in a lawsuit, would be defended through the center's liability insurance policy. Best, M. E. Zuller

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Answered on 3/16/09, 11:41 am
Pasquale Calcagno Calcagno & Associates, PLLC

Re: tort law

Potentially, even though your fact pattern is vague, the club could be held liable for negligent supervision but it depends on the facts and circumstances. I would recommend you go on record in writing with the club that you disapprove so that in the event there is an accident you are protected. My website is very informative and may be a good resource for you. Please visit www.1800wefight.com or contact me for a free consultation at 1(800)WE-FIGHT. Thank you for contacting my lawfirm and I look forward to speaking with you.

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Answered on 3/17/09, 5:44 pm


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