Growing Tort Liability for Health Club Facilities

(526 Ratings)

Produced on: October 14, 2015

Course Format On Demand Audio

Taught by

Categories:

Course Description

Time 60 minutes
Difficulty Intermediate

According to IHRSA, 52.9 million Americans six and older are health club members – a tremendous growth over the years. Health club revenue was $22.4 billion in 2013. Consequently, such high enrollment has given rise to claims for alleged injuries sustained at a fitness facility. Join Andrea Alonso, partner at Morris Duffy Alonso & Faley, as she provides the five major liability issues associated with the Health Club, Fitness and Wellness Industry.

 

Learning Objectives: 

I.      Grasp premises liability issues including slip and fall wet surfaces 

II.     Recognize particular negligent conduct including: 

• Failure to supervise 

• Defibrillators 

III.    Gain familiarity with assumption of risk issues including: 

• Primary assumption of risk 

• Express assumption of risk 

• Waiver or Release 

IV.    Know trends and predictions for liability issues in the Health Club and Fitness Industry

 

Faculty

Andrea M. Alonso

Morris Duffy Alonso & Faley

ANDREA M. ALONSO has been associated with Morris Duffy Alonso & Faley since 1981 and became a named partner in 1992.  Ms. Alonso specializes in appellate litigation.  She has argued in the Appellate Terms and Apellate Divisions of the State of New York, the New York Court of Appeals, and the Court of Appeals for the Second Circuit.  She is a frequent lecturer at insurance companies, bar associations, claims associations, and law schools.  Ms. Alonso is fluent in Spanish.  

 

AWARDS

Ms. Alonso was selected to the 2012, 2013, and 2014 Super Lawyers list for excellence in insurance defense.  Each year no more than 5% of the lawyers in the state are selected to receive this honor. 

 

Ms. Alonso has received a rating of AV Preeminent 5 out 5, the highest peer review rating available from Martindale-Hubbel.  This peer review is a reflection of both the respect that she has garnered from the professional community and her commitment to providing excellent legal counsel in her specific area of expertise: insurance defense.  

 

REPRESENTATIVE EXPERIENCE

Ms. Alonso served as appellate counsel in the matter O'Toole v. Greenberg.  In that matter, it was alleged that following a tubal ligation procedure, plaintiff gave birth to a healthy child.  Prior to the birth, plaintiffs (husband and wife) commenced a malpractice suit seeking, inter alia, damages for the expenses incurred during pregnancy and the expenses involved in caring and rearing the expectant child.  The trial court dismissed plaintiff's claim for damages stemming from the expenses involved in caring and rearing the expectant child, which order was upheld by the Appellate Division, Second Department.  The Court of Appeals affirmed the decision, holding that the birth of a healthy child does not constitute a cognizable legal harm for which an action in tort is available.  

 

PUBLICATIONS

Timing of Expert Disclosure Under CPLR 3101(d)

By Kevin G. Faley and Andrea Alonso

New York Law Journal - April 21, 2015 

 

Uber: Does New Ticket to Ride Carry Personal Risks?

By Andrea M. Alonso and Kevin G. Faley

New York Law Journal - March 4, 2015 

 

10 Timeless Rules for a Defense Practice

By Kevin G. Faley and Andrea M. Alonso

Defendant - Winter 2015 - Vol. 15 - No.2

 

Tort Liability When Bystanders Are in the ‘Zone of Danger’

By Kevin G. Faley and Andrea M. Alonso

New York Law Journal – August 27, 2014

 

Basic Rules for OCI and Summer Associate Programs

By Larry Cunningham and Andrea M. Alonso

New York Law Journal - August 18, 2014 

 

How to Respond to Politically Incorrect Comments in a Professional Setting

By Andrea M. Alonso

DRI Today - May 22, 2014

 

Sun Glare and the Emergency Doctrine in Auto Cases

By Kevin G. Faley and Andrea M. Alonso

New York Law Journal – May 20, 2014

 

Dram Shop Update: Extent of Liability for Serving Liquor

By Kevin G. Faley and Andrea M. Alonso

New York Law Journal – March 13, 2014

 

Conversion in the Electronic Age

By Andrea M. Alonso and Kevin G. Faley

New York Law Journal – January 21, 2014

 

Health Club Liability: Work Out The Law Before You Get Physical

By Andrea M. Alonso and Kevin G. Faley

New York Law Journal – December 11, 2013

 

Diversity at the Interview - How to Approach It

By Andrea M. Alonso

DRI Today - February 11, 2013

 

Municipal Liability for Property Damage Cause by Flooding

By Andrea M. Alonso and Carl S. Sandel

New York Law Journal – September 24, 2012

 

Pattern Jury Instructions and Premises Liability

By Kevin G. Faley and Andrea M. Alonso

New York Law Journal – June 11, 2012

 

Spoliation of Evidence: Considerations and Remedies

By Kevin G. Faley and Andrea M. Alonso

New York Law Journal – July 25, 2011

Emergency Doctrine

By Andrea M. Alonso and Kevin G. Faley

The Defense Association of New York – Spring/Summer 2011

 

Pattern Jury Instructions and Automobile Accidents

By Kevin G. Faley and Andrea M. Alonso

New York Law Journal – December 27, 2010

 

Classifying and Expanding Protected Activities Under Labor Law 240(1)

By Kevin G. Faley and Andrea M. Alonso

New York Law Journal – June 9, 2010

 

Recovering Damages for Death: Two Separate Causes of Action

By Andrea M. Alonso and Kevin G. Faley

New York Law Journal – February 1, 2010

 

New York City Traffic Regulations As ‘Some Evidence’ of Negligence

By Andrea M. Alonso and Kevin G. Faley

New York Law Journal – 2009

 

Tightening the Labor Law: Falling Objects and § 240(1)

By Andrea M. Alonso and Kevin G. Faley

New York Law Journal – October 1, 2009

 

Broadening of the Recalcitrant Worker Defense in Labor Law Actions

By Andrea M. Alonso and Kevin G. Faley

New York Law Journal – July 24, 2009

 

Wage Recovery for Illegal Aliens in New York Under the Labor Law

By Andrea M. Alonso and Kevin G. Faley

New York Law Journal – May 26, 2009

 

New Definition of ‘Creation Exception’ to Pothole Law

By Andrea M. Alonso and Kenneth E. Pitcoff

New York Law Journal – March 6, 2007

 

Marked Ready for Trial: An Insurance Professional’s Guide to Pre-Trial Preparation

By Andrea M. Alonso and Kevin G. Faley

Claims – November 2006

 

The Effect of Spousal Immunity on Car Insurance Coverage

By Andrea M. Alonso and Kevin G. Faley

New York Law Journal – October 27, 2005

 

Security Guard Liability

By Andrea M. Alonso and Kevin G. Faley

New York Law Journal – August 5, 2005

 

The Erosion of the “Integral and Necessary” Standard Under the Labor Law

By Kevin G. Faley and Andrea M. Alonso

Defendant – Spring 2005

 

“Close Those Files or Else!” The Need for Case Resolution Planning

By Kevin G. Faley and Andrea M. Alonso

The Brief – Spring 2005

 

Liability Exemptions for Emergency Vehicles

By Andrea M. Alonso and Kenneth E. Pitcoff

New York Law Journal – May 23, 2005

 

Postscript: Head Injuries, and Workers’ Compensation Law After ‘Rubeis’

By Andrea M. Alonso and Kevin G. Faley

New York Law Journal – January 27, 2005

 

Head Injuries and Workers’ Compensation Law

By Andrea M. Alonso and Kevin G. Faley

New York Law Journal – September 24, 2004

 

The State of Dram Shop Liability in New York

By Andrea M. Alonso and Kevin G. Faley

New York Law Journal – March 18, 2004

 

The Extent of Personal Liability for Serving Liquor in New York

By Andrea M. Alonso and Kevin G. Faley

New York Law Journal – December 24, 2003

 

Parental Liability for the Negligent Acts of Their Children

By Andrea M. Alonso and Kevin G. Faley

New York Law Journal – November 19, 2003

 

The Dram Shop Act and The Visible Intoxication Standard

By Kevin G. Faley and Andrea M. Alonso

Torts, Insurance & Compensation Law Section Journal – Volume 29, No.1,Winter 2000

 

The Changing Insurance Defense Climate – Law Firm Survival

By Andrea M. Alonso and Kevin G. Faley

For the Defense – August 2000

 

A Claims Professional’s Bill of Rights

By Andrea M. Alonso and Kevin G. Faley

Claims – November 1999

 

There Are No Bad Dogs – Recent Ruling in Dog Bite Cases

By Kevin G. Faley, Andrea M. Alonso, and Pamela A. Smith

The Journal of the Defense Association of New York – Spring 1999

 

Applying the 1996 Three-Year Limit in Professional Malpractice Cases

By Kevin G. Faley and Andrea M. Alonso

New York Law Journal – February 22, 1999

 

High-Low Agreements: Misunderstood Litigation Technique

By Kevin G. Faley and Andrea M. Alonso

New York Law Journal – March 27, 1998

 

The Law Firm Culture of Abuse

By Andrea M. Alonso and Kevin G. Faley

ABA Journal – November 1998

 

An Offer You Can’t Refuse – A Proposal for a New State Offer of Judgment Rule

By Andrea M. Alonso and Kevin G. Faley

New York State Bar Journal – March/April 1998

 

ORGANIZATIONS

  • The Defense Research Institute
  • Puerto Rican Bar Association
  • New York State Bar Association
  • The Defense Association of New York
  • President of St. John's University
  • School of Law Alumni Association

Reviews

MR
Mindy R.

Very informative

SG
Steven G.

Clear to understand

SK
Sumeet K.

Excellent knowledge of law

CL
cheryl l.

Very thorough .

TG
Tom G.

Informative and worth the investment of time.

BB
Bruce B.

Good and informative course.

JP
John P.

Lots of substance. Well organized

SL
Stephen L.

Good presentation of the materials

MB
Monique B.

She was great

JC
John G C.

Clear and well organized. An excellent summary.

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$59

$ 59 Personal Injury and Negligence In Stock

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