Legal Question in Personal Injury in California

Re: Can a gym be released from all liability?

Such waivers are common of gym membership and other hazardous sports activities. However, depending on the nature and cause of the injury, there have been specific cases in which the waiver does not apply -- such as a weight machine that, because of improper maintenance, fell apart and injured the member.

Re: Can a gym be released from all liability?

The quick answer is they can try to get you to sign anything they want. The real issue if whether or not what they have you sign is legally enforcable.

What they are trying to get you to sign is called an exculpatory clause which limits their liability.

Usually these exculpatory clauses are legally enforcable for what is considered an ultra hazardous activity. However, blanket exculpatory clauses have been held in many circumstances to not be legally enforcable, as well as clauses that purport to expultate tortfeasors from gross negligence or intentional acts.

The bottom line as to whether such a clause would be enforcable would depend soley on the facts pertaining to an injury.

Re: Can a gym be released from all liability?

Not for things that are unreasonably dangerous. You may contact me for your general legal needs. I usually work from a retainer.

Re: Can a gym be released from all liability?

these are usually upheld, unless the injury results from some very unusual circumstance.

if you are just wondering if they can do this, they can. if you have been hurt, you need to discuss the actual circumstances with an attorney to see whether there is an exception which applies to you.