Avoiding Liability Blog

Screening Process

Once the client intake process begins for any fitness or personal training program and after the contract and waiver of...

David Herbert June 15, 2016

USING RELEASES OF LIABILITY AS A FIRST LINE OF DEFENSE

As I pointed out in my first article on this website, releases of liability, also known as waivers, are often...

David Herbert June 15, 2016

USE OF TWO-PERSON RESISTANCE BAND LEADS TO INJURY AND LITIGATION BUT DEFENDED BY A RELEASE/ASSUMPTION OF THE RISKS

Most health and fitness facilities have a variety of equipment available for use either through personal trainers or exercise floor...

David Herbert June 15, 2016

Actions of Personal Trainers Which Heighten Risks to Clients May be Actionable

Two 2012 cases from New York highlight the fact that a personal trainer’s actions which heighten the risks to clients...

David Herbert June 15, 2016

Nutritional Advice by Personal Trainers: Is it Legal?

Recent litigation as well as an examination of the practices of many personal trainers raises a number of questions about...

David Herbert June 15, 2016

Personal Trainers Beware – A $14.5 Million Jury Verdict in Connecticut

In a rather startling and very recent case from Connecticut1, a jury has returned an extremely large verdict against a personal...

David Herbert June 15, 2016

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