Stelluti v. Casapan Enters., 203 N. J. 286 (2010)

Waivers apply to activities that are part of the “risk” of recreation and exercise.

A participant in a spin class was injured when the handlebars of her bike came loose. The court upheld the waiver of liability the plaintiff signed. The court determined that this was the type of risk specifically assumed by the signatory to the waiver. This strong defense of the waiver signed by an adult was distinguished by the New Jersey appellate court in Walters v. YMCA, 437 N.J. Super. 111 (App. Div. 2014).

Case Law Alerts, 4th Quarter, October 2015

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