A Superior Court judge in Connecticut has ruled that a man whobadly injured his leg on a stair climber exercise machine at aPlanet Fitness cannot bring a product liability action against thefitness club chain.

In a ruling of first impression, New London Superior Court JudgeRobert Vacchelli found that a health club did not qualify as a“product seller” under the Connecticut Product Liability Act. Theplaintiff still has negligence claims pending against PlanetFitness.

“The relationship alleged between a health club and its memberin such a circumstance is for provision of services with a licenseto use certain equipment and not that of a sale, lease or bailmentof such equipment,” wrote Vacchelli. “In this light, theplaintiff’s complaint does not contain allegations of factnecessary to maintain a cause of action under the ConnecticutProduct Liability Act.”

On Dec. 9, 2013, Michael McCarthy was working out at the PlanetFitness facility in Norwich. There he used a machine commonlyreferred to as a stair climber. McCarthy was attempting to exerciseon the machine when the speed unexpectedly increased. He could notget the machine to decrease its speed, lost his balance and fellbackwards. In doing so, his right leg “snapped in a very gruesomeway,” said his attorney, Michael Pollack of the Law Offices ofMichael Pollack in Hartford.

Pollack said some off-duty paramedics happened to be working outat the gym at the time and came over to assist McCarthy until EMTsarrived. Pollack said his client’s injury resulted in surgery onthe leg fracture, a hospital stay and extensive rehabilitationtherapy.

McCarthy later sued the fitness chain’s local ownership groupfor negligence and under the Connecticut Product LiabilityAct.

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