Waivers do not exclude common law duties that are owed by any business in general.

The plaintiff slipped and fell due to water on stairs in the vicinity of the gym pool. The plaintiff convinced the court that the injury did not happen during the course of swimming or the inherent risk of activity assumed in the waiver he had signed. The court distinguished Stelluti v. Casapan Enters., holding that the fitness club membership agreement did not bar a “garden variety” slip and fall accident on common areas, such as the stairs. Because the claim did not involve the club’s inherently risky activities, the Appellate Division reversed the trial court’s order granting summary judgment to the defendant.

_{Case Law Alerts, 4^th Quarter, October 2015}

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