Court Dismisses Claim of Gym Patron Who Blamed a Faulty Bench For Severing Her Pinky
In a decision this summer, a Manhattan Supreme Court Justice dismissed the claim of a gym patron against New York Sports Club who fell off a work bench that allegedly tipped over while she was doing abdominal crunches with a 30 pound kettlebell. According to the plaintiff, the kettlebell crushed her hand and severed her pinky finger. Fortunately, the pinky was reattached with surgery but the plaintiff suffered permanent nerve damage. There were several reasons why the Court granted dismissal of this claim even before a jury trial:
1) The plaintiff was highly experienced using free weights and had worked as a trainer at the same gym; 2) plaintiff conceded she had inspected the bench before using it and found no problem with it; 3) the bench is still in service and has never been repaired; 4) there was no evidence of any (apparent or concealed) defect in the bench to overcome the assumption of risk doctrine; 5) the gym submitted sworn testimony of a routine practice of inspecting the gym equipment twice a week and no evidence of a defective bench was ever found. 2017 WL 2671003
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