Liability Considerations for the Personal Trainer
and Facility Business Owner
2006:
Volume 3, Number 1
Amy
Blansit-Broadbent, MA
Founder, American College of
Wellness
Any legal complaints
filed against your business can be financially damaging— and
ultimately destructive. A personal trainer, owner of a training
facility or business is at an even greater risk for liability due to
the physical nature of the business.
But there are steps that
you can take to avoid being sued. Share the following advice with
your employees and implement these tips into your business practice
for a greater chance of avoiding the hassle and expense-ridden legal
process.
Tips to Help You Avoid
Liability Claims
-
Immediately fix or throw away any faulty exercise or other types
of equipment. Make sure your equipment is well maintained as
defined by the owner’s manual for each product. Avoid being
charged with negligence by inspecting your equipment regularly
and documenting the inspection and any repairs. If you notice
any damage, even very minor problems, do not allow anyone
(including clients or employees) to use the equipment until all
necessary repairs have been made. Never alter any type of
equipment or use it in any manner other than that specifically
recommended by the manufacturer.
-
Make sure your business premises are safe. Monitor your facility
regularly for potential hazards that may pose a threat to your
clients or employees. Assign to all your employees the duty of
watching for any spilled water or excess sweat that could cause
a slip or fall. Install proper flooring materials and non-skid
mats to any shower-area floors. Keep your parking lot free of
debris and well lit at night.
-
Create and maintain all necessary paperwork. Paperwork is your
key to protection. Work with your attorney to draft a ‘release
from liability’ form for each member
of your facility. Any paperwork containing personal information,
including medical or insurance information, releases, and
waivers, should be stored in a secure and carefully locked
location. Document every incident that occurs at your business,
from minor incidents to major accidents, even if the individuals
involved in the incident were not injured. Retain all
business-related paperwork for five to seven years.
-
Don’t require your employees to obtain CPR training.
Believe it or not, from a legal standpoint it is best not to
require your staff to be CPR certified. By requiring this type
of training, your business can be liable for the staffs’ actions
or errors. Practice regularly with those employees who are
trained in CPR to keep their skills sharp, and remind staff
members to stay within their limits of training if an emergency
does ever occur.
-
Carefully regulate any supplements or diet consultations you
offer through your business. If your company staff includes a
dietary consultant who is not a registered dietitian or
nutritional specialist, your company is at risk. Fad diets can
be dangerous. Do not recommend any dietary action for a client
unless you or your employee is well educated and trained in
nutritional and dietary concerns. Consult with a physician or
registered dietitian regularly to ensure that the information
you present to your customers is accurate, complete, and above
all safe.
-
Your best plan is to avoid lawsuits by being proactive, well
informed, and careful in every aspect of your business practice.
Make sure you and your staff document and sign everything. If
you do ever get sued, contact your attorney and insurance
company immediately. Don’t make any statements to your clients
about the situation, and never speak to a representative of the person suing you. (This can
include an insurance agent or an attorney.) Even simple phone
conversations could prove detrimental to your case, so if any of
these individuals ask you to talk, just refer them to your
attorney then immediately end the conversation. (Never forget
that someone can be recording everything you say over the
phone.) Also, be sure your employees understand the importance
of not sharing their opinions about the incident, and tell them
not to make a statement of any kind to anyone. Immediately after
an incident occurs, gather and document as much information as
you can, but continue to conduct business as usual. Remember,
sometimes these legal troubles can’t be avoided, but they also
can’t be allowed to detract from the service you provide to your
customers.
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