AEDs and Dietetics Practice Acts - State Laws: 2 issues

 

1. Volume 4(1) – January 2021

Articles: (a) State AED Statutes: Do You Know Your State’s Requirements?, (b) Failure to Train Staff Members: A Potentially Costly Mistake, (c) Courts Determine Duty, (d) Published Standards of Practice, and (e) AED Risk Management Strategies

Case: Boggus obo Casey v. Texas Racquet & Spa, Inc. (a Texas case where the fitness facility failed to follow a state health and safety code that contained several AED requirements including a required training program; At the time of this case, Texas did not have a specific AED statute for fitness facilities); Two New York AED cases were also described – Miglino v. Bally Totel Fitness of Greater N.Y., Inc. and Diniro v. Aspen Athletic Club, LLC

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2. Volume 6(1) – January 2023

Articles: (a) The Del Castillo and Cooksey Cases: An Analysis of State Dietetics Practice Acts and  First Amendment Speech Rights, (b) New ACSM CEC Course: Law for Fitness Managers – Protect Yourself and Your Business, and (c) New Certified Fitness Safety Manager (CFSM) Ron Betta Launches Fit Pro Safety

Cases: Del Castillo v. Secretary, Florida Department of Health and Cooksey v. Futrell (both cases involve wellness professionals who were practicing dietetics without a license (Florida and North Carolina cases, respectively

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Exercise Equipment: 3 issues

 

1. Volume 1(1) – January 2018

Articles: (a) Indoor Cycling Injuries in the News, and (b) Readers of ACSM’s Health & Fitness Journal Respond to Our Article on Pre-Activity Screening Procedures

Cases: Stelluti v. Casapenn Enterprises, LLC and Scheck v. Soul Cycle East 83rd Street, LLC – both cases involved injuries during an indoor cycling class due to improper instruction

 

2. Volume 1(2) – April 2018

Articles: (a) Preventing Treadmill Injuries and Subsequent Litigation, and (b) Treadmill Cases/Risk Management

Cases:  Jimenez v. 24 Hour Fitness (fitness participant sustained catastrophic head injury when she fell off a treadmill hitting her head on exposed steel foot of a leg exercise machine only 3 feet, 10 inches behind the treadmill – defendant was grossly negligent for knowing it did not meet spacing requirements); Additional treadmill cases briefly described: Corrigan v. MuscleMakers, Inc. and Guerra v. Howard Beach Fitness Center and Gold’s Gym

 

3. Volume 1(3) – July 2018

Articles: (a) Exercise, Exercise Equipment Injuries Rise Significantly, (b) Jimenez v. 24 Hour Fitness - Part 2, and (c) Risk Management Success Story by Christine Timberlake, Program Manager at Rock Steady Boxing, Inc.

Case: D’Amico v. LA Fitness (injury due to an intensive workout instructed by a personal fitness trainer; Defendants violated the Connecticut Unfair Trade Practices Act – deceptive advertising regarding qualifications of trainers)  

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Exertional Heat (EH) and Exertional Rhabdomyolysis (ER): 2 issues

 

1. Volume 4(3) - July 2021

Articles: (a) Why are Exertional Heat Injures Still Occurring?, and (b) Risk Management: Isn’t It Time to be Proactive Versus Reactive?

Case: Lee v. Louisiana Board of Trustees for State College (heat injury case resulting in permanent irreversible damage; case addressed sovereign immunity); Additional heat injury cases also described

 

2. Volume 7(3) – October 2024

Article: (a) EH and ER Injuries Continue, and (b) Underlying Causes

Case: Cruz v. Singh (collegiate student athlete injured his back during a supervised strength and conditioning session; Expert witness testified that the coaches failed to follow the standard of care regarding instruction, supervision, etc.)

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Federal Laws: Wearable Technology/Apps and Anti-Discrimination: 3 issues

 

1. Volume 8(1) – January 2025

Articles: (a) Wearable Technology and Apps: Following FTC and EEO Laws, and (b) New! Must Have Resource for the Health & Wellness Coaching Profession

Case: Twin City Fire Ins. V. DanceIt! Studio LLC (participant fell fracturing both wrists while she was jumping on a trampoline - this case deals with an insurance issue, i.e., whether the insurance company had a duty to defend and indemnify

 

2. Volume 5(3) – July 2022

Articles: (a) Anti-Discrimination Laws: Part 1 (deals with the ADA), (b) Additional ADA Requirements and Information, and (c) How Would You Prevent this Title III ADA Case?                                                                                                                            

Case: Class v. Towson University (interesting trial court and appellate court cases described – dealing with return to play after a heat injury suffered by a collegiate athlete and Title II of the ADA)

 

3. Volume 5(4) – October 2022

Articles: (a) Anti-Discrimination Laws: Part 2 (deals with Titles II and VII of the Civil Rights Act), and (b) New ACSM CEC Course: Law for Fitness Managers

Case: Waller v. Blast Fitness Group, LLC (deals with sexual harassment); Additional case - Cormier v. PF Fitness-Midland, LLC – deals with a transgender individual (a man who identified as a woman) and access to the women’s locker room

 

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Gross Negligence: 1 issue

 

1. Volume 4(4) – October 2021

Article: An Analysis of Gross Negligence Cases Involving Exercise Professionals and Fitness Facilities

Cases: Chavez v. 24 Hour Fitness (gross negligence case -- participant suffered traumatic brain injury due to improper maintenance of an exercise machine); An additional gross negligence case involving a fitness facility, Grebing v. 24 Hour Fitness, was described, and two gross negligence cases involving exercise professionals: Assaf Blecher v. 24 Hour Fitness and David Stevens​ and Gallant v. Hilton Hotels Corp

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Group Exercise Programs: 2 issues

 

1. Volume 5(1) – January 2022

Articles: (a) Risk Management Strategies for Group Exercise Programs: Part 1, and (b) Educational Course Descriptions and Registration Information

Cases: Honeycutt v. Meridian Sports Club and Scheck v. Soul Cycle were described (both cases deal with negligence instruction of kickboxing instructors)

 

2. Volume 5(2) – April 2022

Articles: (a) Risk Management Strategies for Group Exercise Programs: Part 2, (b) Proper Hiring, Training, and Supervision of Group Exercise Leaders (GELs), and (c) Boot Camp and Zumba Injuries

Cases: Webster v. Claremont Yoga (deals with improper instruction by a yoga instructor) and Marchese v. Gamble (deals with improper instruction by a Pilates instructor)

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HIT Versus HIIT: 1 issue

 

1. Volume 2(3) – July 2019

Articles: (a) HIT Versus HIIT: Are There Injury and Legal Liability Differences?, and (b) Risk Management Success Story by Dr. Tiffany Esmat

Cases: Proffitt v. Global Fitness Holdings, LLC et al. (client of first personal training

session suffered exertional rhabdomyolysis due to high intensity workout involving squat exercises; Case was settled), and Horowitz v. Luxury Hotels International of Puerto Rico, Inc. (first-time indoor cycling participant suffered exertional rhabdomyolysis – several negligent claims made by the plaintiff)

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Independent Contractors Versus Employees: 1 issue

 

1. Volume 7(1) -- January 2024

Articles: (a) Independent Contractors Versus Employees, and (b) Additional Risks for Employers – Misclassification of an Employee and Direct Liability

Case: Nelson v. Kaufman (while participating in a circuit class, an individual suffered a fractured metacarpal bone that required surgery – major issues were negligent instruction and whether the instructor was an employee (agent) or an independent contractor

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Multi-Million Dollar Cases: 1 issue

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1. Volume 7(2) – April 2024

Articles: (a) Multi-Million Dollar Jury Verdicts and Settlements, and (b) Teaching Fitness Law: Faculty Training Course

Cases: Four cases are summarized -- two are jury verdicts cases: $46 million (injury in a Jiu-Jitsu class) and $14.5 million (stroke while using a rowing machine under the supervision of a personal trainer) and two involved settlements: $35 million (former high school track athlete who claimed she was raped by her coach) and $4.1 million (university who failed to comply with Title IX -- involved a coach who, allegedly, sexually abused and discriminated against student athletes)

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Practical Skills and Legal Liability: 2 issues

 

1. Volume 2(4) – October 2019

Article: The Link Between the Lack of Practical Skills and Legal Liability: Part 1 (describes why there is a need for practical training in academic and certification programs from a legal perspective)

Case: Butler v. Saville et al. (injury to a personal trainer client, age 62, due to negligent instruction of an exercise with a BOSU ball; $750,000 settlement; Court ruled the waiver and the primary assumption of risk defenses were ineffective)

 

2. Volume 3(1) – January 2020

Articles: (a) The Link between the Lack of Practical Skills and Legal Liability: Part 2, (b) Liability for Negligence Instruction: Academic Programs, Certification Programs, or Employers?, and (c) Future Directions: Academic and Certification Programs

Cases: Gallant v. Hilton Hotels Corp. (Kettlebell class injury; Spacing recommendations were not followed) and Mellon v. Crunch (injury to personal trainer client due to improper instruction  of an exercise with a bench that was 2-3 feet high)

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Program/Facility Issues: 3 issues

 

1. Volume 6(2) – April 2023

Article: Fitness Facility Orientation: Informing New Participants of Their Safety Responsibilities (describes the purpose of orientations and certain topics to cover: facility safety policies, instruction of proper equipment use, facility/equipment signage, and principles of safe exercise)

Case: Bennett v. Biernacki, et al. (improper instruction/supervision of a personal trainer -- participant suffered a fractured vertebra resulting in multiple surgeries and lumbar fusion; The court distinguished willful misconduct and gross negligence)

 

2. Volume 6(3) – July 2023

Articles: (a) Legal Duties Toward Invitees: A Review of Case Law, and (b) Free PowerPoint for Academicians (Title: Introduction to Credentialing Issues in the Exercise Profession – 44 slides covering important topics for students)

Case: Richards v. Lifetime Fitness, Inc. (participant injured while under the supervision of a personal trainer; Major issues: whether the participant was an invitee and whether the waiver met certain language requirement specified in a state law); Four Additional “Invitee” Cases were desribed: Lik v. LA Fitness, Inc. and Crossing-Lyons v. Town Sports International, Inc. (rulings against the defendants) and Grijalva v. Bally Total Fitness, and Anast v. LTF Club (rulings for the defendants)

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3. Volume 6(4) -October 2023

Articles: (a) Fitness Program and Facility Supervision (describes specific, general and transitional supervision), (b) Unsupervised Facilities Can Lead to Tragedies, and (c)  Risk Management Strategies

Cases: Four cases are summarized – two that deal with program supervision failures (group exercise and personal training) and two that address facility supervision failures (fitness facility daycare center and high school locker room)

 

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Risk Management: 3 issues

 

1. Volume 1(4) – October 2018

Articles:  (a) Identifying Legal Liability Exposures (7 are described), and (b) Risk Management Success Story by Tina Topalian, MS, RD, MBA (describes how she follows published standards of practice regarding pre-activity screening procedures)

Case: Crossing-Lyons v. Town Sports International, Inc. (client of a personal fitness trainer trips and falls on a weight belt that was left on the floor – waiver was ineffective in protecting this fitness facility in New York -- waivers are against public policy based on New York state law)

 

2. Volume 2(1) – January 2019

Articles: (a) Minimizing Legal Liability Exposures: Risk Management Strategies that Work! (four strategies are described), and (b) Distinguishing Muscle Soreness and Pain (soreness v. pain: how to tell the difference)

Case: Howard v. Missouri Bone and Joint Center (college football player suffered a severe and permanent back injury while performing squats as part of an assessment -- the athletic trainer told him “no pain, no gain” and to continue the reps after the initial injury); Another similar case (Howard v. Missouri Bone and Joint Center) is briefly described

 

3. Volume 4(2) – April 2021

Articles: (a) The Need for Legal/Risk Management Education, (b) Textbook Description – Protect Yourself, Your Business, and Your Clients!, (c) Description: Educational Courses – Faculty Training and CEC/CEU Course, and (d) Certification Description – Certified Fitness Safety Manager

 

 

Scope of Practice: 2 issues

 

1. Volume 3(3) - July 2020

Articles: (a) Distinguishing “Legal” and Professional” Scope of Practice: Part 1, and (b) Figure: Scope of Practice Scenarios that Can Lead to Potential Legal Consequences

Case: Bartlett v. Push to Walk (injury to a 36-year-old quadriplegic; Grossly negligent instruction by an exercise professional who had this participant perform an exercise after he became symptomatic while performing the exercise the first time) 

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2. Volume 3(4) – October 2020

Articles: (a) Distinguishing “Legal” and Professional” Scope of Practice: Part 2 (Part 1 covered professional scope of practice and Part 2 focuses on legal scope of practice), (b) Example - Legal Scope of Practice: Nutrition, and (c) Risk Management Strategies for Fitness Managers

Cases: Cooksey v. Futrell and Sosa-Gaines v. Capital Fitness (both deal with crossing over the line into a licensed profession (i.e., dietetics in Cooksey and chiropractic medicine in Sosa-Gaines)

 

 

Standards of Care and Standards of Practice: 1 issue

 

1. Volume 2(2) -- April 2019

Articles: (a) Distinguishing Standards of Care and Standards of Practice (standards of care reflect legal duties and standards of practice are published by professional organizations), and (b) The Role of Expert Witnesses in Negligence Cases

Case: Covenant Health System v. Barnett (plaintiff injured due to improper instruction/supervision of a step test at a community health fair sponsored by the defendant – ACSM’s Guidelines served as evidence to show the standard of care was not met)

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