West Palm Beach partner Olga Butkevich was recently granted a Summary Judgment in a Premises Liability case. Plaintiff claimed he sustained herniations in his neck and back after the handicap bench in the men’s locker room shower broke at his gym, causing him to fall and sustain injuries. The Plaintiff had signed a Membership Agreement two and a half years prior to the incident, which included an Exculpatory Clause for liability. The Court agreed with our argument that the Exculpatory Clause enforceable as it was clear, unequivocal, and did not violate public policy. The Court rejected Plaintiff’s testimony that the exculpatory language was ambiguous and vague, and that the provisions regarding accidental injuries and passive/active negligence of the gym were contradictory.
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