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)
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
State AED Statutes: Do You Know Your State’s Requirements?
Boggus obo Casey v. Texas Racquet & Spa, Inc. (additional cases were also described in the article)
Distinguishing “Legal” and Professional” Scope of Practice: Part 2
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)
Distinguishing “Legal” and Professional” Scope of Practice: Part 1
Bartlett v. Push to Walk (injury to a 36-year-old quadriplegic; grossly negligent instruction by an exercise professional)
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
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)
Article: The Link between the Lack of Practical Skills and Legal Liability: Part 2
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)
The Link between the Lack of Practical Skills and Legal Liability: Part 1
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)
a) HIT Versus HIIT: Are There Injury and Legal Liability Differences?
b) Risk Management Success Story by Dr. Tiffany Esmat
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)
Distinguishing Standards of Care and Standards of Practice
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)
a) Minimizing Legal Liability Exposures: Risk Management Strategies that Work!
b) Distinguishing Muscle Soreness and Pain
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).
a) Identifying Legal Liability Exposures
b) Risk Management Success Story by Tina Topalian, MS, RD, MBA
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)
a) Exercise, Exercise Equipment Injuries Rise Significantly
b) Risk Management Success Story by Christine Timberlake, Program Manager at Rock Steady Boxing, Inc.
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)
Preventing Treadmill Injuries and Subsequent Litigation
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
a) Indoor Cycling Injuries in the News
b) Readers of ACSM’s Health & Fitness Journal Respond to Our Article on Pre-Activity Screening Procedures
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