Florida Gym Can’t Rely on Member Contract to Toss Assault Case

A gym membership contract waiving liability for exercise-related and other injuries on club premises doesn’t necessarily include assaults, a Florida appeals court ruled April 24.

Porky’s Gym III Inc. was wrongly granted a summary judgment on negligence claims brought by member Lazaro Fresnedo, who was knocked out by another customer who was shadow-boxing nearby, the Florida Court of Appeal, Third District, said in a split decision.

Porky’s had a duty to ensure the club was “reasonably safe and free from dangers,” Fresnedo argued.

But the gym countered that it was free from liability because Fresnedo agreed to a membership contract ...