You'll recall that Dexter Evans wrote about disclaimers for injuries at health clubs and gyms last month. He wrote about the case Hussein v. L.A. Fitness, in which the Illinois Appellate Court analyzed a disclaimer contained in the L.A. Fitness membership contract to see if it prevented recovery for injuries sustained in the health club. The court applied Minnesota law to the disclaimer because that is where the contract was signed. The court upheld the disclaimer and found that the plaintiff could not recover for his injuries.
I am a member of L.A. Fitness. I normally go to Oswego location. Last night I saw that someone had apparently run right through the glass of a racquetball court. That had to hurt. Maybe the outcome will be different next time if the court gets to apply Illinois law to their disclaimer. I think someone needs to bring a case on an Illinois membership. The guy who did this damage should definitely call Dexter:
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