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<\/p>\nTo minimize injuries and subsequent negligence claims\/lawsuits, exercise professionals need to be aware of their many legal duties and risk management responsibilities. When faced with a negligence lawsuit, courts will determine the standard of care (or duty) of an exercise professional. If the court finds that the exercise professional breached a duty and the breach of duty caused harm to the plaintiff (injured party), the exercise professional (and the professional\u2019s employer) may be found negligent and, thus, liable for the plaintiff\u2019s harm and will need to pay monetary damages. The damages can be in the millions of dollars. For example, the jury awarded the plaintiff $14,500,000 in Vaid v. Equinox (1).<\/p>\n
Legal scholar, the late Betty van der Smissen, stated: \u201cif one accepts responsibility for giving leadership to an activity or providing a service, one\u2019s performance is measured against the standard of care of a qualified professional for that situation\u201d <\/em><\/strong>(2, p. 40).<\/p>\n A \u201cqualified\u201d professional possesses proper credentials and is competent. A competent exercise professional<\/strong> knows how (has the knowledge and practical skills) to design and deliver a \u201csafe\u201d and \u201ceffective\u201d exercise program.<\/p>\n As described by van der Smissen,\u201cfor that situation\u201d<\/em> <\/strong>is determined by reference to the following three factors:<\/p>\n The professional must be aware of the skills and abilities the participant needs to participate \u201csafely\u201d in the activity, e.g., the exercise professional must possess adequate knowledge and skills to lead \u201creasonably safe\u201d exercise programs.<\/p>\n Example:<\/u> <\/em>Exercise professionals that lead exercise programs that are considered \u201cadvanced\u201d that can increase the risk of injury (e.g., Olympic lifting, high intensity programs) need to have advanced knowledge and skills necessary to safely lead these types of programs, i.e., they need to be fully informed of precautions that must be taken.<\/p>\n The professional must be aware of individual factors of the participant, e.g<\/em>., medical conditions that impose increased risks and know how to minimize those risks.<\/p>\n Example:<\/u>\u00a0<\/em> Exercise professionals that design\/deliver exercise programs for individuals with medical conditions (e.g., pregnancy, diabetes, back problems) need to possess credentials and competence in clinical exercise by completing clinical academic coursework\/education as well as obtaining clinical certifications and experience (3). From a legal liability perspective,<\/strong> it is essential that exercise professionals fully understand any additional or unique risks the medical conditions(s) might impose and how to minimize those risks.\u00a0 <\/strong>In Bartlett v. Push to Walk<\/em> (4), the court stated:<\/p>\n Programs like Push to Walk \u201cMay impose particular duties that an ordinary health club would not have\u2026What would constitute\u2026negligence would differ \u00a0\u00a0 between an ordinary health club and a facility like Push to Walk\u201d<\/em> (p. 7).<\/p>\n The professional must be aware of any conditions that may increase risks, e.g<\/em>., weather conditions such as heat\/humidity, floor surfaces, exercise equipment, and know how to minimize those risks.<\/p>\n Example:<\/u><\/em> Exercise professionals need to have the necessary knowledge and skills to properly implement important safety precautions to help prevent heat injuries. Knowing and implementing precautions to minimize risks associated with slippery floor surfaces and improper maintenance of equipment is also important.<\/p>\n A personal trainer had a client, Levy with known osteoporosis, perform a series of jump repetitions on a BOSU ball. After a few reps, she lost her balance and fell fracturing her wrist that required surgery to have a plate and screws inserted into her wrist. She filed a negligence lawsuit against the defendant facility.* The facility filed a motion for summary judgment (request to dismiss the case). <\/strong>Trial court granted the defendant\u2019s motion, and the plaintiff appealed. Upon the appeal, the appellate court reversed the trial court\u2019s ruling. The court stated that the trainer, knowing Levy had osteoporosis, unreasonably increased the risk of harm to her by having her perform an advanced exercise. The appellate court considered the nature of the activity <\/strong>(jumping repetitions on a BOSU ball) and the type of participant <\/strong>(client with osteoporosis) and determined that the exercise professional did not meet the standard of care for that situation<\/strong>.<\/p>\n *In a negligence lawsuit, in addition to the exercise professional, the fitness facility is also named as a defendant through a legal principle called respondeat superior, in which the employer can be vicariously liable for the negligent acts of its employees.<\/em><\/p>\n Meeting the standard of care when prescribing exercise for individuals with medical conditions begins by exercise professionals obtaining the necessary credentials and competence. It was obvious that the trainer in the Levy<\/em> case did not have the necessary knowledge and skills to prescribe a safe and effective program for a client with osteoporosis. The trainer failed to take important precautions to minimize the risk of a fall.<\/p>\n Information provided in this article comes from: Law For Fitness Managers and Exercise<\/em><\/strong><\/a> — the only comprehensive resource for fitness managers and exercise professional who want to:\u00a0PROTECT THEMESELVES, THEIR BUSINESS, AND THEIR CLIENTS! <\/strong>For education programs that accompany the text, go to: Educational Courses (fitnesslawacademy.com)<\/a><\/p>\n\n
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<\/p>\nNature of the activity<\/strong><\/h4>\n
Type of participants<\/strong><\/h4>\n
Environmental conditions<\/strong><\/h4>\n
Case Example: <\/strong>Levy v. Town Sports International, Inc. <\/strong>(5)<\/strong> \u00a0<\/strong><\/h4>\n
Conclusion<\/strong><\/h4>\n
Join Joann for her webinar on this topic, Exercise Prescriptions: Linking Safety and Business Success<\/a><\/strong><\/h4>\n
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