Whether Weight Lifter Assumed The Risks Is Genuine Issue Of Material Fact Precluding Motion For Summary Judgment
January, 2012
Plaintiff sustained injuries while exercising at Defendant's gym. Plaintiff was using 140-pound dumbbells. Plaintiff filed suit against the gym. The gym moved for summary judgment, asserting that Plaintiff assumed the risks of his injuries.
The Court set forth the law on assumption of the risk:
The doctrine of primary assumption of risk provides that a voluntary participant in a sporting or recreational activity "consents to those commonly appreciated risks which are inherent in and arise out of the nature of the sport generally and flow from such participation." However, the doctrine will not serve as a bar to liability if the risk is unassumed, concealed, or unreasonably increased."
Alquarashi v. Party of Four, Inc., 89 A.D.3d 1047, 934 N.Y.S.2d 214, 215 (2d Dep't 2011) (citations omitted).
Defendant asserted that Plaintiff lost his grip and dropped the dumbbell. Plaintiff testified that as he lifted "the dumbbell in his right hand, two of the metal plates came loose from the metal bar and fell on him." Id. Thus, the Court noted that the facts are arguably contrary to Defendant's assertion.
The Court also noted that the gym's president testified that the weights could only be adjusted with an Allen key and he was the only person with the key; the gym's employees were responsible for re-racking and inspecting weights/dumbbells; and members were not permitted to remove or adjust weights. The Court concluded that it could not be stated as a matter of law that Plaintiff assumed the risks of his injury and thus the Motion for Summary Judgment was correctly denied.
Learning Point:
When facts conflict and a reasonable version supports a Plaintiff's claims, a Motion for Summary Judgment will likely be denied. Also, assumption of the risk will not apply unless certain facts are clearly established with no alternative likely theory.
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