Ronald Brooten was injured while working out a Chetek Fitness 24/7 (”Chetek”) health club when a weight bench he was using collapsed. As a result of the accident, Mr. Brooten brought personal injury claims against the health club and its insurer. Initially, the trial court ruled that a Waiver and Release of Liability form that Chetek requires all health club customers to sign precluded any liability for Mr. Brooten’s injuries. The Court of Appeals of Wisconsin reversed, holding that the waiver agreement was unenforceable for three reasons: (1) the waiver form provided no opportunity to bargain; (2) the waiver agreement was overbroad; and (3) the waiver agreement exceeded the contemplation of the parties to the agreement. Read the entire court of appeals opinion here.
The Wisconsin personal injury lawyers of Samster, Konkel & Safran, S.C. have helped many clients in personal injury cases. If you or someone you love has been injured, contact us and we will put our experience to work for you.