Use it Correctly or Expect a Lawsuit
As you may or may not know, one of the health club industries most respected equipment companies, recently lost a verdict in a case involving the improper use of a leg extension machine. The user, while attempting a stretching exercise, pulled the machine over on herself fracturing her neck causing permanent paralysis. The jury awarded her an astonishing $66 million and held that the manufacturer was responsible for 75% of the damages. The physical therapy center was held responsible for 20% and the claimant 5%. My guess is that both the manufacturer and the physical therapy clinic did not carry near enough insurance to pay for this claim…nor should they. Hopefully, cooler heads will prevail on appeal. The sad part is that this woman’s life is changed forever and the accident could have been avoided.
Obviously, the manufacturer in this case did not design their leg extension machine to be used as an anchor point for stretching exercises, but the jury apparently felt that both the manufacturer and the PT clinic “should have known” about the potential danger. This is not the first (or last) time that health club equipment has been used improperly resulting in an injury to the user.
With the explosion of TRX, training ropes, and other functional training apparatus, we will definitely see an increase in these types of incidents. Attaching your TRX straps to the cross bar of your existing cable cross over machine can be a serious accident waiting to happen. A cable cross over machine is designed to handle ONLY exercises involving the weights, cables and attachments that come WITH the machine. If a trainer attaches a TRX or exercise bands to the top bar of cross over, and applies torque by pulling to the side of the machine, the entire cross over apparatus is capable of tipping over. The result, as you can well imagine, can be devastating.
Trainers are constantly inventing new exercises that they can do with bands, ropes, and TRX. If the trainer attaches any of these devices to a machine, pole, chair, barbell, bench, water pipe, ceiling fan, or microwave oven, then they are modifying or changing the physics of that attachment point. In other words, the device that they attach to is now being used for an entirely different purpose than what the manufacturer intended. At that point, the facility becomes a prime target for litigation.
A trainer will rarely use a piece of functional training equipment improperly when working with their clients. However, a member is not always as enlightened about proper technique when working on their own. It is imperative that all of your trainers, instructors and staff be aware that members don’t always exercise safely. If your staff witnesses a member wrapping a band around a barbell that is sitting in a weight rack, it is the club’s responsibility to correct that action immediately. I have said this before in past articles, over 50% of all accidents that occur at the gym are a result of “member malfunction”. Members are constantly doing exercises that are not only a danger to themselves but often times to others around them. For a staff member not to correct the actions of the person engaging in any type of dangerous activity, the club will ultimately be held accountable for the probable injury that may result.
Another cause of injuries involving functional training equipment is normal wear and tear. Bands, ropes, balls, and straps ALL eventually wear out. Physio balls are extremely dangerous when they wear out. Don’t wait for a ball to burst before replacing it. Most of my clients constantly replace their balls every six months or so. If there is any sign of abrasion or unusual scuffing, replace it. Bands are especially dangerous when they become old, brittle, or cracked. They ALWAYS break at the worst possible moment. There is nothing like a member detaching their retina to put a damper on your afternoon.
I am a big believer in functional training and am excited about all the new “toys” that are now available in our industry. It is so much better than fixed equipment or a step class when it comes to member retention. Just know that with the advent of all new toys, there comes responsibility to properly instruct our members on how to use them safely. Be sure to read all of the manufacture’s recommendations on proper use and maintenance of the equipment. At the end of the day, common sense is always the best risk management tool you can use.
We have recently updated our Club Policy and Guidelines to include wording about the proper use of functional training equipment. If you would like a free copy, please email my assistant, Jennifer at jldangar@clubinsurance.com and she will send you one.
Be safe!
Ken
