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Bronx Personal Injury & Real Estate Blog

Tuesday, June 28, 2016

Injury Lawsuit Against 'LA Fitness' to Proceed, Plaintiff Claims Defective Basketball Floor

The gym is a place meant to enhance one’s health, wellness and vitality – not cause crippling injuries and long-term damage. Unfortunately for one Levitttown-area resident, however, his experience at the local L.A. Fitness center was anything but revitalizing, and his recent lawsuit has alleged serious injuries possibly caused by a defective basketball court floor.

According to the complaint, the plaintiff was engaged in a competitive basketball game in January, 2014 when he suddenly injured his knee after falling onto the court floor. In his complaint, the plaintiff asserts that the floor was defective at the time of the injury, and L.A. Fitness breached its duty to maintain the premises in a reasonably safe manner free from hazards. Further, the plaintiff claims that – but for the gym’s failure to keep its basketball court safe – he would not have sustained the injuries to his knee.

Earlier this year, the parties argued as to whether there was actually any factual controversy occurring in the case, as is common in civil lawsuits approaching the “summary judgment” stage. During this procedural milestone, which occurs early on in many civil lawsuits, the defendant will often file a Motion for Summary Judgment against the plaintiff, simply stating that there are insufficient allegations to proceed and the case should be dismissed in favor of the defendants. When deciding a summary judgment motion, the court must consider the facts in a light most favorable to the plaintiff – especially considering that most facts have yet to be revealed.

Here, L.A. Fitness argued that it should be off the hook because the plaintiff never complained previously about a defective floorboard. Further, the gym took the position that the plaintiff assumed any potential risks by engaging in the basketball game, and should be prevented from trying to assign liability after the fact. In response, the plaintiff argued that a defective floorboard is not an inherent risk of a basketball game, and that the gym had not produced any evidence that it regularly inspected the floorboards.

In the end, the court sided with the plaintiff – and a trial will be scheduled at some point in the future. In its order, the court explained that the gym simply did not offer sufficient evidence to prove it regularly inspected the gym, and the “assumption of the risk” argument should likewise be litigated at a full trial on the merits.

Contact an experienced slip-and-fall attorney today!

If you were recently injured in a slip-and-fall and would like to discuss your options, please contact the Law Office of Ryan S. Goldstein today: 718-239-0239. 


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