Miami-Dade County Court Grants Summary Judgment for Gym Defendant in Premises Liability Suit

CSK Defense Team
Miami Partner Eric Rieger
Miami Associate Jessica Pinto

Case Summary
This premises liability action arose after the Plaintiff allegedly suffered a traumatic brain injury while using a fitness facility operated by the Defendant. The Plaintiff accessed the facility through a health insurance wellness program, which required participants to sign a waiver and assumption of risk before using the premises.

After filing suit, the Plaintiff sought to avoid the waiver by arguing that it was subject to Florida Statute Section 501.017, a statute governing certain health studio contracts

Defense Strategy
The CSK Defense Team focused on the nature of the agreement at issue and the Plaintiff's attempt to apply Section 501.017 to invalidate it. The Team argued that the waiver was not the type of contract governed by the statute and that the Plaintiff knowingly agreed to its terms before entering the facility.

The defense also emphasized the Plaintiff's extensive fitness industry experience, supporting the position that he understood the agreement he signed and the rights it addressed.

Outcome
The Court granted summary judgment in favor of the Defendant on the Plaintiff's negligence claim.

In reaching its decision, the Court determined that the waiver was enforceable and rejected the Plaintiff's effort to characterize it as a health studio services contract. The ruling provides important guidance on the treatment of liability waivers under Florida law and the limits of statutory challenges to their enforceability.