Regular exercise is essential to good health. However Nebraskans who exercise at a health club or gym must exercise extra vigilance to prevent injury as a result of a recent Nebraska Supreme Court decision.

In Palmer v Lakeside Wellness Center d/b/a Alegent Health and Precor, Inc., 281 Neb. 780, (Decided June 24, 2011) The Nebraska Supreme court ruled that a waiver that was part of a health club membership application released a health club from ordinary negligence.

The Palmer case makes it difficult for consumers to sue a health club for injuries sustained at a health club or gym. 

The court used that rule to uphold dismissal of a claim made by a woman who was injured after unknowingly stepping on to a moving treadmill and being thrown against an elliptical machine. The court also Continue reading →