Viscaina v Fitness International, LLC

Plaintiff filed a lawsuit against Defendant fitness club alleging negligence and premises liability. Plaintiff alleged that he was injured while playing walking in a sauna. His foot fell into a drain on the floor.

Defendant moved for summary judgment on the grounds that there are no triable issues of fact where the express waiver of liability  completely bars Plaintiff's action. The Court granted summary judgment in favor of Defendant on the basis of the express waiver of liability.