Cross-Fit Trainer Shatters Member’s Arm During Training

Ms. A arrived late for cross-fit during her first week at a new job.  Instead of making her wait until the next class, the trainer had her go straight to warm-up with squats.  Unable to squat her usual amount this day, the trainer pushed her to keep trying anyway.  When Ms. A failed the second time at the same weight, she fell forward on her knees.   Rather than spotting her properly with hands on her waist, the trainer pulled the bar back  off her shoulders as she fell forward.  The trainer pulled the bar backward and Ms. A’s dominant arm along with it.  The arm shattered.   What happened?  What went wrong?  First, the spotting technique was wrong – the trainer’s arms should be on a woman’s waist, or his arms should be up under the woman’s armpits.   Second, instructing a student to catch up to a cross-fit class already in progress was wrong.   The student must be instructed to wait for the next class to start.  And third, making the student to repeat a squat at a weight she already failed at is inviting disaster.

The student had signed 2 separate liability waivers, also called liability releases .  But after two court hearings, the judge agreed the releases and waivers were invalid and had expired.  The case then settled on confidential terms.

At PWD, we do not give up in the face of releases or liability waivers.  Florida Law disfavors liability waivers and interprets them strictly because they are anti-consumer and the consumer usually has no bargaining power.  At PWD, we carefully dissect so-called releases and liability waivers to put the clients we are honored to represent in the best position to win.