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Bill > A2113


NJ A2113

NJ A2113
Prohibits health club services contracts from limiting liability for injuries caused by negligence of health club.


summary

Introduced
01/13/2026
In Committee
01/13/2026
Crossed Over
Passed
Dead

Introduced Session

2026-2027 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 prohibits health club services contracts from including clauses that limit a health club's responsibility for injuries to a customer caused by the carelessness (negligence) of the health club's owners, operators, agents, or employees. This change is intended to align with a dissenting judicial opinion that argued such liability limitations are against public policy. Violating this bill would be considered an unlawful practice under the consumer fraud act, leading to potential fines of up to $10,000 for a first offense and $20,000 for subsequent offenses, along with other penalties such as cease and desist orders, punitive damages, and treble damages for the injured party.

Committee Categories

Justice

Sponsors (3)

Last Action

Introduced, Referred to Assembly Judiciary Committee (on 01/13/2026)

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