Sure they motivate you to workout harder and better, but did you ever wonder what your gym's obligations are if you suffer a severe medical condition while at the gym?
Some background: Section 627-a(1) of New York State's General Business Law states:
“Automated external defibrillator requirements. 1. Every health club ... whose membership is five hundred persons or more shall have on the premises at least one automated external defibrillator and shall have in attendance, at all times during business hours, at least one individual…who holds a valid certification of completion of a course in the study of the operation of AEDs and a valid certification of the completion of a course in the training of cardiopulmonary resuscitation provided by a nationally recognized organization or association.”
In Miglino v. Bally Total Fitness of Greater New York, Inc., decided on February 7, 2013, the gym in question had a membership of more than 500 people, maintained on the premises an Automatic External Defibrillator (AED) and had an individual trained to operate it. So what happened?
The plaintiff's father collapsed near the club's racquetball courts and the gym’s trained individual ran to his aid. The individual detected some pulse and said that he was not trained to use the AED in that situation. Instead, he opted to await better qualified medical personnel. When ambulance personnel finally arrived, they administered shocks to the father with an AED, but it was too late and the father never revived.
While it may seem clear that the gym breached its duty under the above law, the Court of Appeals says not so. According to the Court, even though they must have an AED and an individual who knows how to use them, health clubs in the state of New York do not have a legal obligation to use the AED on members experiencing cardiac arrest or other heart complications.
All hope is not lost. Under New York’s Good Samaritan Law, a person injured or killed due to the gym’s gross negligence in using or failing to use an AED may still be able to pursue a claim under the common law.
If you have been injured while at a gym, contact Sutton, LLP right away so that their experienced lawyers can assess your potential claim.