By: WISCONSIN LAW JOURNAL STAFF//May 1, 2013//
Wisconsin Court of Appeals
Civil
Torts — waivers
A gym customer’s waiver of liability is unenforceable.
“The scope of Chetek Fitness’s waiver is as broad or broader than the waivers that have been rejected by previous Wisconsin courts on such a basis. The waiver’s scope extends well beyond negligence claims. For example, the waiver states that ‘[inherent] risks and dangers may be caused by … negligence[,] accidents, breaches of contract, or other causes.’ Participants assumed all risks “whether caused in whole or in part by the negligence or the conduct of … Chetek Fitness 24/7” and waived ‘any and all claims’ including ‘any claims … for the negligent acts or other conduct of … Chetek Fitness 24/7.’ Finally, the form required participants to waive ‘LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH CAUSED BY NEGLIGENCE OR ANY OTHER CAUSE.’”
Reversed and Remanded.
Recommended for publication in the official reports.
2012AP1940 Brooten v. Hickok Rehabilitation Services, LLC
Dist. III, Barron County, Babler, J., Hoover, J.
Attorneys: For Appellant: Tool, Tracy N., River Falls; For Respondent: Thrasher, Joe, Rice Lake; Heaney, Patrick G., Rice Lake