Smith + Schwartzstein
Located In Morristown, NJ and New York, NY

L.A. Fitness protected against lawsuit for slip-and-fall accident

If you slip and fall as a result of a business owner's negligence or damaged property, you may be able to file a lawsuit. You'll need to have a strong case, though, because without being able to prove negligence or an intent to hurt you, there's not much of a case against a business owner.

Take, for example, a case that was launched against L.A. Fitness in 2013. A woman filed the lawsuit after she fell at the facility. She had joined in 2012 and signed a waiver when she did so. She reportedly slipped or tripped on a floor mat that was left wet on the floor, which she claims caused permanent physical injuries.

The trial court agreed with L.A. Fitness that the woman could not prevail in this case because she had previously signed a waiver releasing the company from liability.

Not all cases will work out this way, so if you've signed a waiver, it's still a good idea to talk to your attorney about how you were injured and the circumstances under which you signed the agreement. There is a chance that the agreement could be found to be invalid, or you may be able to find a way to show that the business was negligent or malicious in a way that led to your injuries.

Since every case is different, there's a possibility that you could win a case after falling or getting hurt on a local business's premises. The only way to know for sure is to have a professional review your case and look into the legal implications of your accident.

Source: Penn Record, "L.A. Fitness shielded from slip-and-fall lawsuit by customer agreement," Karen Kidd, May 14, 2018

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