Legal Liability Ontiveros V. 24 Hour Fitness USA, Corporation Essays

South Carolina State University Department of Health Science Article #1 Legal Liability Ontiveros V. 24 Hour Fitness USA, Corporation Case # B201336 Submitted for: P.E. 413 Legal Aspects of Sports Presented To: Dr. Crystal S. Nixon Submitted By: Orangeburg, SC September 5, 2015 Facts of the case: 1.Susana Ontiveros of Los Angeles, California filed a product liability action lawsuit against 24 Hour Fitness USA, Inc. for injuries sustained at their facility which is owned and operated by 24 Hour Fitness USA, Inc. 2.Ms. Ontiveros alleged that she sustained injuries while working out on defendants/24 Hour Fitness USA, Inc. stair step machine. 3.24 Hour Fitness USA, Inc. asserted that the plaintiff acknowledged by signing her membership agreement that 24 Hour Fitness USA, Inc. would not be held liable for defective equipment and that they only provided recreational usage services. 4.Ms. Ontiveros stated that she felt that the purpose of her membership agreement was for 24 Hour Fitness USA, Inc. to provide her with fitness services as well as her use of the exercise equipment; and not solely fitness services. 5.Ms. Ontiveros felt that 24 Hour Fitness USA, Inc. was liable for her injuries and as a result she filed a product liability action lawsuit against 24 Hour Fitness USA, Inc. on December 19, 2008 in Los Angeles, California. Issue of the case: Was 24 Hour Fitness USA, Inc. membership agreement with the plaintiff predominately to provide fitness services and not liability for defective exercise equipment? Answer: True Ruling: Not Guilty My reaction to the case: My first reaction after reading this case and before I got to the verdict was that 24 Hour Fitness USA, Inc. was liable for the plaintiffs injuries. I thought that an establishment such as 24 Hour Fitness USA, Inc. would have been liable for injuries sustained to one of their members while exercising on their equipment at one of their facilities. I definitely would have assumed that I could of held 24 Hour Fitness USA, Inc. liable if I had sustained injuries at one of their facilities as well; thats why its doesnt pay to assume anything. As a future sport professional, I have learned the importance of reading membership agreements and contracts thoroughly before signing; because its all about how the document is worded.