The class action lawsuit and related legal issues in the Fitness Industry brought to light by the United States vs. Johnson case last year has increased considerably following the election of Donald Trump as President of the United States. As expected, as the new administration takes over from Obama, a wide range of lawsuits and potential litigations are expected to surface. On top of that, it appears that a large number of plaintiffs are waiting for their Fitness industry attorneys to file suit. In fact, at least one plaintiff has filed suit but is not yet identified, and is asking for monetary damages based upon the date of injury. Further details and case information can be found on the injury’s Facebook page. Updates will be posted as they become available.
In early August of last year, we reported on an interesting lawsuit involving an individual who was severely injured at a local gym. That individual’s lawsuit is being handled by Bally Law Firm. The plaintiff in that lawsuit, identified as Jane Doe, filed suit against her local Ballysville Gym, alleging negligence and breach of warranty. We’ve seen many similar suits such as this over the past few years, however, none of them have had much luck with the courts, and hopefully this one will be different.
Jane Doe filed suit after suffering a back injury while trying to use the stair lift at her local Ballysville, Pennsylvania gym. Her attorney, Robert Hinkle, claimed that the company did not properly implement proper liability policies, did not train her in proper exercise techniques, and did not provide her with the contract terms that she was satisfied with. In the months since that time, there have been additional developments, including an internal review conducted by the company and an external review by an outside law firm. Both of these reviews indicate that the company has taken significant steps to correct their policies, train their employees, and make sure that they properly implement customer complaint resolution.
As previously stated, the lawsuit was filed by a plaintiff who was dissatisfied with her Ballysville, Pennsylvania gym membership fees. Specifically, her lawsuit claimed that the company did not provide her with a copy of her contract when she renewed her membership, did not allow her to change her membership to another gym, did not allow her to join a fitness center other than her own location, and did not provide her with a notice of renewal. In addition, her lawsuit claimed that the company did not pay her a refund for the months she paid for the class and did not pay her a sum of money equal to or more than the amount of time she spent in the class. All of these claims were denied by the defendants in both of these class actions.
The defendant responded with a motion to dismiss, arguing that it was not within the court’s power to assess or decide on the validity of plaintiffs’ claims. After a brief argument on the merits of the case, the court denied the motion to dismiss. This case is currently pending before the courts. Plaintiffs are advised to obtain expert legal advice from an attorney who is familiar with these lawsuits in order to determine whether they have a strong case against the defendant.
Current members of this class action lawsuit are urged to join the lawsuit as soon as possible, as class action lawsuits bring about strong monetary rewards for plaintiffs. Furthermore, because this case is before the courts, obtaining a lifetime membership annual fee discount from a gym membership cannot currently be guaranteed. Nevertheless, as previously stated, these plaintiffs are encouraged to pursue this lawsuit in order to obtain a large monetary reward from their defendant class. One such defendant is currently facing a class action lawsuit over its mandatory membership fee. A recent article on this class action lawsuit can be found online at this site.