With the New Year here, many eager Hoosiers with high hopes for 2022 have or will be signing up for new gym memberships and new gym waivers. The 2022 gym crowd should closely check their fitness machines before starting their workouts.

In Clay v. Franciscan, Jerry Clay was on a lat pull-down machine when the belt connecting the handle to the cable snapped. Clay fell back onto the floor and herniated the disks between his L2, L3, and L4 vertebrae. Clay incurred approximately $900,000 in medical expenses from his injuries. Clay sued the gym owner, the gym manager, and the company that installed and maintained the lat pull-down machine. The parties settled for $2.3 million altogether after the defense was unsuccessful in a summary judgment motion based on a waiver signed by Clay.

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