A Superior Court judge in Connecticut has ruled that a man who badly injured his leg on a stair climber exercise machine at a Planet Fitness cannot bring a product liability action against the fitness club chain.

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

“The relationship alleged between a health club and its member in such a circumstance is for provision of services with a license to use certain equipment and not that of a sale, lease or bailment of such equipment,” wrote Vacchelli. “In this light, the plaintiff’s complaint does not contain allegations of fact necessary to maintain a cause of action under the Connecticut Product Liability Act.”

On Dec. 9, 2013, Michael McCarthy was working out at the Planet Fitness facility in Norwich. There he used a machine commonly referred to as a stair climber. McCarthy was attempting to exercise on the machine when the speed unexpectedly increased. He could not get the machine to decrease its speed, lost his balance and fell backwards. In doing so, his right leg “snapped in a very gruesome way,” said his attorney, Michael Pollack of the Law Offices of Michael Pollack in Hartford.

Pollack said some off-duty paramedics happened to be working out at the gym at the time and came over to assist McCarthy until EMTs arrived. Pollack said his client’s injury resulted in surgery on the leg fracture, a hospital stay and extensive rehabilitation therapy.

McCarthy later sued the fitness chain’s local ownership group for negligence and under the Connecticut Product Liability Act.

This story was published on Law.com, a sister publication of PropertyCasualty360.com. To read the full version, click here.

Special Reports /

Connecticut judge bars product liability claim after plaintiff's stair climber mishap

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