Feel the Burn – “Boot Camp” Participant Injury Claim Barred (NY)

by

Alonge v. Town Sports International Holdings, Inc. (New York)

The plaintiff participated in a “boot camp” exercise program for approximately a year.  During one of the group exercise programs, another participant ran into her, causing her personal injury.  Plaintiff sued that defendant operator of the camp, alleging negligence.  The defendant filed a motion for summary judgment based on primary assumption if risk.  The trial court granted the defendant’s motion and the plaintiff appealed.

On appeal, the Appellate Division of the Supreme Court affirmed the decision, finding that the plaintiff had observed “the open and obvious risk of running into participants in the class during drill exercises, and after fully appreciating the risk of colliding with other participants, plaintiff nonetheless elected to participate in the activity, thereby assuming the risk that resulted in her injuries.”

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