Dismissal of Complaint Based Upon Enforceable Waiver and Assumption of Risk

Mar 30, 2007

A Supreme Court, Nassau County justice in New York granted summary judgment to a Long Island health and fitness club in a case where the plaintiff sued the fitness club after he was injured during a supervised personal training session by one of the club’s certified personal trainers.   The court ultimately determined that the plaintiff, who signed a release of liability, was enforceable. The court also held that the plaintiff assumed the risks of injury by voluntarily participating in p
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