Posted by Fadi Huzien.
This article “Injury on Weight Bench Results in Lawsuit But Ruling for Club,” discusses a lawsuit, which was filed by a fitness facility member at the gym center where he routinely exercised. The plaintiff, La Fata, filed a lawsuit towards the center, LA Fitness International, because he claimed that his injury was due negligence by the defendant, LA Fitness International. As stated in the article, “the member contended that the facility was negligent and responsible for what the member claimed was a willful injury.” This quotation alludes to La Fata’s perspective that LA Fitness International was responsible for his injury and believed that he was morally and ethically entitled to monetary compensation in this civil case in order to make the defendant compensate him for what he contended was significant injustice in which he was victimized.
Contrary to La Fata’s assertions, there was significant evidence omitted from what he claimed was a vindictive, immoral, and an unjust situation in which he was harmed and expecting compensation for the wrongdoing. This evidence significantly neutralized his claims for wrongdoing and negligence by the defendant LA Fitness International. The defense completely destroyed his argument in the statement, “At the time the plaintiff joined the defendant’s facility he signed a double-sided membership agreement which contained a release/waiver of liability. The release contained the usual language including a provision that the facility was relieved from any liability for injuries suffered “in, upon, or about LA Fitness premises or arising at LA Fitness facilities, services or equipment.” A bold face typed provision of the release indicated this member had “read and understood the entire agreement.” This quote indicates that the plaintiff knowingly signed a waiver for liability in the event of getting injured on the premises of LA Fitness, and most importantly, signed the contract that he had read and agreed regarding the rules and regulations. Therefore, the lawsuit was dismissed on summary judgment because La Fata knowingly signed this contract, which shields LA Fitness from liability. The clause defends the corporation from lawsuits such as these that could result in a significant financial award for damages.
Conclusively, the judge granted summary judgment in favor of the defendant, LA Fitness International. Perceiving the deciding factors in this case, the judge placed significant importance upon the evidentiary support and the notion (as was taught in class) that it is not necessarily about who is right or wrong, but what one can prove. Within the domain and the rules of the law, it is more important who can provide more evidence to support a claim. In the end, it is about whichever party can ascertain more concrete and factual information to provide justification to decisively conclude who is righteous in the perception of the law. That will separate which individual, or party, is morally and ethically innocent by contemporary societal norms and beliefs.
Herbert, David L. “Injury On Weight Bench Results In Lawsuit But Ruling For Club.” Exercise Standards & Malpractice Reporter 23.6 (2009). Web. 14. Feb. 2015.
Fadi is a double major in nutrition food science and exercise science at Montclair State University, Class of 2015.
Posted by Fadi Huzien.
The article “Debate On Medical Malpractice Lawsuits,” discusses the intricacy of a singular aspect of business law that involves the controversial aspect of medical malpractice lawsuits. The primary reasoning behind the controversial nature of medical malpractice lawsuits is that they can be perceived from a beneficial and optimistic standpoint in the notion that if a medical professional is negligent then the victim would be able to receive some outlet of financial compensation to justify the negligent actions the physician took towards the patient/victim.
Conversely, however, there are many individuals seeking to intentionally profit off of a malpractice lawsuit in the immoral and unethical attempt to make as commonly referred to as a “quick buck.” In the article, the author eloquently articulated, “Some states have been gradually chipping away at medical malpractice laws seen by some as too plaintiff-friendly. For instance, a New York law limits the size of contingent fees in medical malpractice cases, thus reducing the financial incentive for plaintiffs’ attorneys.” This quote illustrates the belief that there are a multitude of profit-seeking individuals who aspire to take advantage of this law, which was originally created to empower the victimized individual or to allow financial compensation in a civil case to pay the families of the victims in the event of harm that had occurred due to the physicians negligence. As the quote portrays, contemporary legislatures are seeking to minimize this immoral mentality and reduce wrongful malpractice lawsuits that focus on making a significant profit by opportunistic individuals who are suing the doctor in a “get rich quick scheme.”
This article reveals that there is no simple black and white solution for these issues, because there are truckloads of gray areas. Although malpractice lawsuits are occurring in civil cases with righteous reasons and there are a wide spectrum of patients who became victims under the negligence of the physician operating on them, there is a wide-spectrum of profit-seeking fools who are filing malpractice lawsuits in the hopes of getting a financial benefit that the individual should not receive in the first place. In conclusion, this article summarizes both aspects to this controversy and insightfully portrays both sides of the controversy.
“Debate On Medical Malpractice Lawsuits.” Salem Press Encyclopedia (2013). Research Starters. Web. 7. Feb. 2015.
Fadi is a double major in nutrition food science and exercise science at Montclair State University, Class of 2015.