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Torts Keyed to Miller
Seigneur v. National Fitness Inst., Inc.
Citation:
132 Md. App 271 (Md. Ct. Sp. App. 2000)Facts
Seigneur (Plaintiff) joined the National Fitness Institute (Defendant), a fitness club, on a one month trial basis to lose weight, and was injured while undergoing an initial evaluation. Plaintiff chose the particular club because her chiropractor recommended it and because it advertised that it employed certified fitness and health specialists and promised to provide programs appropriate for Plaintiff’s health status and fitness level. Plaintiff disclosed her history of back problems (including hernia) and her general lack of fitness. As part of the signup process, Plaintiff had to sign a Participation Agreement which contained an exculpatory release for all claims, demands, injuries, and damages from all acts of passive or active negligence on the part of Defendant. Plaintiff injured her shoulder on one of the weight machines, and subsequently underwent surgery to repair a muscle tear. She filed a negligence lawsuit, alleging that Defendant failed to properly train its employees.
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