Tuesday, May 27, 2014

Must a Hotel Gym Have a Defib Machine to Be "State of the Art"?

Hi kids and welcome back!

Must a "state of the art" fitness facility at a high-end resort have a defibrillator, oxygen, and aspirin?

That was the question considered by Judge Huck, who basically said "no" in dismissing an injured patron's claim on a Rule 12(b)(6) motion.

Then the 11th took a look:
De La Flor suffered cardiopulmonary arrest while he was exercising in the fitness facility at the Ritz-Carlton Hotel located on South Beach in Miami, Florida. De La Flor complained that Ritz-Carlton negligently failed to have an automated external defibrillator in its fitness facility in South Beach and that Ritz-Carlton breached its contract by failing to fulfill promises made in its marketing materials to provide a “state of the art” fitness facility.
Ok, most hotel gyms barely have a working treadmill and a water fountain.  And I'm not even talking about the bunker.

But I guess "state of the art" can mean different things to different people?

Uhhh, no:
De La Flor also argues that Ritz-Carlton assumed a duty to provide a defibrillator by recommending in its internal operating procedures that hotels adopt the industry standard of placing the machine in fitness rooms, but the adoption of industry standards by Ritz-Carlton did not create “an independent legal duty” with which it had to comply, see id. at 558.

De La Flor failed to state a claim that Ritz-Carlton breached its contract by failing to provide a defibrillator, oxygen, and aspirin in the fitness room. De La Flor alleged that he relied on representations made by Ritz-Carlton in its marketing materials that the fitness facility in South Beach was “state of the art,” but those representations did not constitute an offer for De La Flor to accept.
So I guess the lesson learned is just forget the gym, have another mojito, and lay out by the pool -- turns out that's better for your health.


Anonymous said...

A mojito a day keeps the doctor away.

Welcome back, SFL!! :)

Godwhacker said...

"Jimmy, do you like hanging out in locker rooms?"

Anonymous said...

back to the mojito grind

Spencer's World said...

Travel is dangerous. Gyms are extremely dangerous. Hotels are dangerous pits of bacteria. Life is dangerous If you or a loved one has been injured by travel, at a hotel, in a gym, or by life , call our office right away. You might be entitled to a cash award!
And remember - to be safe- do not go anywhere and do not do anything. Especially cruise ships. !

Anonymous said...

Too funny.

South Florida Lawyers said...

Spencer's World: reminds me of an old David Steinberg joke about a Jewish bumper sticker "Fun Kills."