Hot topic: Gym Waivers, Client Liability and Duty of Care

by Ryan Hogan | Tuesday, December 08, 2009

In the recent decision of Belna Pty Ltd v Irwin [1], the NSW Court of Appeal considered the duty of care owed by a gym operator to a client who suffered a serious knee injury while performing lunges as part of a program designed by an employee.

Facts
Ms Irwin dislocated her knee while performing lunges at a Fernwood gym. The exercises were part of a prescribed gym program formulated by a consultant of the gym and the incident occurred while Irwin attempted a lunge for the first time. Her leg gave way, she fell to the floor and was then taken to the hospital where it was found that she had dislocated her knee.   ...read more