Falling from a step onto a running treadmill is not a risk waived by the plaintiff.

The plaintiff’s exercise class involved stepping onto a running treadmill. Her executed waiver did not require her to agree that she engaged in activities at her own risk and did not exculpate the defendant from injuries caused by exercise equipment. The court first ruled that the liability waiver was unenforceable, while also distinguishing this case from the line of cases applying Stelluti v. Casapenn Enterprises LLC, 203 N.J. 286, because she injured herself stepping onto the treadmill (which she claims she did not observe was running) and not in strenuous activity.

Case Law Alerts, 1st Quarter, January 2020 is prepared by Marshall Dennehey Warner Coleman & Goggin 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 © 2020 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.