The court found that the plaintiff had no triable issue of material fact to support a claim of gross negligence against the defendant fitness facility.

The plaintiff claimed she burnt her arm on a heating element within a sauna when she tripped and fell due to poor lighting. The court of appeal affirmed summary judgment in favor of the fitness club, finding that the plaintiff’s claims of ordinary negligence were barred by her executed membership agreement, which contained a release of liability arising from accidents at the fitness club. Further, the facts also supported that the club performed multiple, regular walk-through inspections and cleanings, including the sauna. The court found that the plaintiff had no triable issue of material fact to support a claim of gross negligence against the defendant fitness facility, where it lacked actual or constructive notice that the sauna light bulb had burned out. 

_{Case Law Alerts, 1st Quarter, January 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2032 Marshall Dennehey, all rights reserved. This article may not be reprinted without the express written permission of our firm.}