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Bill > A5272
NJ A5272
NJ A5272Prohibits health club services contracts from limiting liability for injuries caused by negligence of health club.
summary
Introduced
02/10/2025
02/10/2025
In Committee
02/10/2025
02/10/2025
Crossed Over
Passed
Dead
Introduced Session
2024-2025 Regular Session
Bill Summary
This bill prohibits health club services contracts from limiting the liability of the health club to a buyer for injuries caused by or resulting from the negligence of the owner or operator, or an agent or employee of the owner or operator, of the health club. This bill is intended to codify Justice Albin's dissent in the case of Pulice v. Green Brook Sports & Fitness, 236 N.J. 1 (2018); see also Stelluti v. Casapenn, 203 N.J. 286 (2010) (Albin, J., dissenting) (arguing that a contract limiting a health club's liability from its own negligence is void as against public policy). A violation of this bill would be an unlawful practice pursuant to the consumer fraud act, P.L.1960, c.39 (C.56:8-1 et seq.), and is punishable by a monetary penalty of not more than $10,000 for a first offense and not more than $20,000 for any subsequent offense. In addition, violations can result in cease and desist orders issued by the Attorney General, the assessment of punitive damages, and the awarding of treble damages and costs to the injured party.
AI Summary
This bill amends existing New Jersey law to prohibit health club service contracts from including provisions that limit the health club's liability for injuries caused by the negligence of the club's owners, operators, agents, or employees. Specifically, the bill adds a new section to the existing law stating that such contracts cannot restrict a buyer's ability to seek compensation for injuries resulting from the health club's negligence. The legislation is rooted in legal precedents, including dissenting opinions by Justice Albin in previous court cases arguing that such liability limitations are against public policy. Violations of this provision would be considered unlawful under the consumer fraud act, with potential penalties including monetary fines of up to $10,000 for a first offense and $20,000 for subsequent offenses. Additionally, the Attorney General could issue cease and desist orders, and courts could award punitive damages, treble damages, and legal costs to injured parties. The bill is designed to protect consumers by ensuring that health clubs cannot contractually absolve themselves of responsibility for injuries caused by their own negligence, thereby providing greater legal recourse for gym members who are harmed due to the club's failure to maintain a safe environment.
Committee Categories
Business and Industry
Sponsors (3)
Last Action
Introduced, Referred to Assembly Consumer Affairs Committee (on 02/10/2025)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.njleg.state.nj.us/bill-search/2024/A5272 |
| BillText | https://pub.njleg.gov/Bills/2024/A5500/5272_I1.HTM |
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