A man was injured in a fall from a rock climbing wall at Lifetime Fitness Center in Novi. The man paid for a membership at the fitness facility for himself and his family, and (as is fairly common) he had been required to sign a “release” of liability as a part of his membership, which effectively released any liability for negligent acts by the fitness center. However, Michigan law generally allows for the recovery of damages from injuries caused by gross negligence, recklessness, or intentional misconduct, even if a person signs a pre-accident “release” that eliminates liability for ordinary “negligence”.
In Michigan, gross negligence is defined as “conduct so reckless as to demonstrate a substantial lack of concern for whether an injury results.” Gross negligence may be shown by proof of a willful disregard of precautions or measures to attend for safety in some cases. The Court of Appeals held that evidence and testimony tending to show that an employee of the fitness facility knew that the man was wearing his safety harness backwards and nevertheless allowed him to climb the wall and then told him to “just let go” when he was at the top of the wall was sufficient evidence to allow a jury to decide whether the employee and facility were liable for damages caused by gross negligence. The decision is Alvarez v LTF Club Operations Co Inc d/b/a Lifetime Fitness Center, unpublished Michigan Court of Appeals case # 328221, decided November 29, 2016.
Read more about our expertise in personal injury law.
PERSONAL INJURY LAW
About the Author
