|
4220 The risk of a heart attack is inherent in physical fitness training under the supervision of a personal trainer, so primary assumption of the risk prevents the imposition of liability on the trainer for failing to recognize the signs of an impending heart attack or failing to permit the person being trained to take a break; a gym that furnishes the venue in which a personal fitness trainer works with clients has no duty to supervise the activity.
ROSTAI v NESTE (Personal Trainer) 138 CA4 326 [See: Knight v Jewett 3 C4 296, T/AT 10/92; Lupash v City 75 CA4 1428, T/AT 12/99; Bushnell v Japanese-American 43 CA4 525, T/AT 5/96; Kahn v East Side UHSD 31 C4 990, T/AT 10/03]
|
|