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Past Newsletters

2021

July 2021


Articles:

a) Why are Exertional heat Injures Still Occurring?

b) Risk Management: Isn't It Time to be Proactive Versus Reactive

Case: Lee v. Louisiana Board of Trustees for State College (additional heat injury cases were also described in this issue)


April 2021


Article:

The Need for Legal/Risk Management Education

This issue described:

a) The new textbook-- Law for Fitness Managers and Exercise Professionals, published by the Fitness Law Academy, LLC

b) Two NEW educational courses that accompany the new textbook: 1) Faculty Training Course, and 2) CEC/CEU Self-Study Course

c) New Certification -- Certified Fitness Safety Manager -- offered to those who successfully complete the CEC/CEU course

January 2021


Article:

State AED Statutes: Do You Know Your State’s Requirements?

Case:

Boggus obo Casey v. Texas Racquet & Spa, Inc. (additional cases were also described in the article)

2020

October 2020

Article:

Distinguishing “Legal” and Professional” Scope of Practice: Part 2

Cases:

Cooksey v. Futrell and Sosa-Gaines v. Capital Fitness (both deal with crossing the line into a licensed practice (i.e., dietetics in Cooksey and chiropractic medicine in Sosa-Gaines)

July 2020


Article:

Distinguishing “Legal” and Professional” Scope of Practice: Part 1
Case:

Bartlett v. Push to Walk (injury to a 36-year-old quadriplegic; grossly negligent instruction by an exercise professional)

April 2020

Article:

COVID-19 Pandemic: Responses to Legal Liability Questions from Newsletter Subscribers (co-author: Savanna Jackson Mapelli, JD)

Part I – Questions from Subscribers

Part II – Liability: Virtual Exercise Programs

Part III –Liability: Re-Opening Fitness Facilities

Cases:

a) Pecora v. Fitness Intl., LLC (MRSA case, no liability of defendant)

b) Tynes v. Buccaneers Limited Partnership ($20 million MRSA case that was settled for an undisclosed amount)


January 2020


Article: The Link between the Lack of Practical Skills and Legal Liability: Part 2

Cases: 

a) Gallant v. Hilton Hotels Corp. (Kettlebell class injury; spacing recommendations were not followed)

b) Mellon v. Crunch (injury to personal trainer client due to improper instruction of an exercise with a bench that                     was 2-3 feet high)

2019

October 2019

Article:

The Link between the Lack of Practical Skills and Legal Liability: Part 1
Case:

Butler v. Saville et al. (injury to a personal trainer client, age 62, due to negligent instruction of an exercise with a BOSU ball; $750,000 settlement)

July 2019

Articles:

a) HIT Versus HIIT: Are There Injury and Legal Liability Differences?

b) Risk Management Success Story by Dr. Tiffany Esmat
Cases:

a) Proffitt v. Global Fitness Holdings, LLC et al. (client of first personal training session suffered exertional rhabdomyolysis due to high intensity workout involving squat exercises; case was settled)

b) Horowitz v. Luxury Hotels International of Puerto Rico, Inc. (first-time indoor cycling participant suffered exertional rhabdomyolysis – several negligent claims)

April 2019

Article:

Distinguishing Standards of Care and Standards of Practice

Case:

Covenant Health System v. Barnett (plaintiff injured due to improper instruction/supervision of step test at a community health fair sponsored by the defendant – ACSM’s Guidelines served as evidence to show the standard of care was not met)

January 2019

Articles:

a) Minimizing Legal Liability Exposures: Risk Management Strategies that Work!

b) Distinguishing Muscle Soreness and Pain
Case:

Howard v. Missouri Bone and Joint Center (college football player suffered a severe and permanent back injury while performing squats as part of an assessment-- the athletic trainer told him “no pain, no gain” and to continue the reps after the initial injury).

2018

October 2018

Articles:

a) Identifying Legal Liability Exposures

b) Risk Management Success Story by Tina Topalian, MS, RD, MBA
Case:

Crossing-Lyons v, Towns Sport International, Inc. (client of a personal fitness trainer trips and falls on a weight belt that was left on the floor – waiver was ineffective in protecting the fitness facility)

July 2018

Articles:

a) Exercise, Exercise Equipment Injuries Rise Significantly

b) Risk Management Success Story by Christine Timberlake, Program Manager at Rock Steady Boxing, Inc.
Case:

D’Amico v. LA Fitness (injury due to an intensive workout instructed by a personal fitness trainer; defendants violated the Connecticut Unfair Trade Practices Act – deceptive advertising regarding qualifications of trainers)

April 2018

Article:

Preventing Treadmill Injuries and Subsequent Litigation
Cases:

a) Jimenez v. 24 Hour Fitness (fitness participant sustained catastrophic head injury when she fell off a treadmill hitting her head on exposed steel foot of a leg exercise machine only 3 feet, 10 inches behind the treadmill – defendant was grossly negligent for knowing it did not meeting spacing requirements)

b) Additional treadmill cases: Corrigan v. MuscleMakers, Inc. and Guerra v. Howard Beach Fitness Center and Gold’s Gym

January 2018

Articles:

a) Indoor Cycling Injuries in the News

b) Readers of ACSM’s Health & Fitness Journal Respond to Our Article on Pre-Activity Screening Procedures
Cases:

Indoor cycling injury cases: Stelluti v. Casapenn Enterprises, LLC and Scheck v. Soul Cycle East 83rd Street, LLC – both involved injuries to participants due improper instruction