Holly owns Holly’s Health Studio a gym that offers many types of fitness classes

Question

Holly owns Holly’s Health Studio a gym that offers many types of fitness classes. One class that is offered is group weightlifting. One day the 9am class consists of 20 people and is very crowded. Immediately after the 9am class leaves the 10am class comes in. Between the number of people in the 9am and the fact that it is 102 degrees outside the floor in the studio is full of water puddles of sweat. During the 10am class Billy slips on a puddle of sweat and falls into Susan who is his workout partner for that exercise. Billy twisted his ankle and Susan broke her arm when she tried to catch herself during the fall. Who can Billy sue and why? Who can Susan sue and why? What defenses exist for anyone you said could be sued?

Explanation / Answer

Billy will sue Holly because he had slipped and got injured in Holly's property. It is responsible of Holly that his property is maintained and doesnot not cause any injury. The same has actually happened as the sweat puddles in the property was the cause of injury and Holly has not ensured that the puddles are not formed. It can be case of negligence

Susan will also sue Holly because she also got injured in Holly's property. The cause of the injury may not directly due to sweat puddles but seat puddles was cause of fall of Billy which injured Susan. The negligence in maintaining the property is also the reason for Susan's injury

The defense for Holly is that sweat puddles were visible to Billy and he should have taken due diligence while exercising by informing Holly. Also there was no time gap between two classes and hence there was no information to Holly of existence of puddles and hence this is not a case of negligence. It would have been negligence only if Holly was informed by somebody of existence of puddles and then also he has not acted to clean it.

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