The workout was intense—burpees into box jumps—but standard for the class. Ten minutes in, a 45-year-old new client collapsed. He survived the heart attack, but now his lawyer claims I was negligent for “pushing him beyond his physiological limits” without conducting a PAR-Q (Physical Activity Readiness Questionnaire). They are suing for $500,000 in damages and lost wages.
Key Takeaways
- Standard of Care: Fitness professionals have a legal duty to screen clients. Failure to use a PAR-Q is often viewed as “Professional Negligence.”
- The “Failure to Screen” Exclusion: Some budget policies exclude cardiac events if no health history was taken.
- AED Requirements: In 2026, many states mandate AEDs in gyms. If you didn’t have one or it wasn’t charged, that’s “Per Se Negligence” (negligence automatically proved).
- Scope of Knowledge: You are not a doctor. If you told him “push through the chest pain,” you practiced medicine without a license (uninsurable).
The “Why”: The Professional Services Exclusion
The Trap:
General Liability covers slip-and-falls. It does not cover “Bodily Injury arising out of the rendering of professional services.”
Instructing a client to do a burpee is a professional service.
If you don’t have Professional Liability (E&O) included, the heart attack claim is denied by GL. Furthermore, if you failed to screen (PAR-Q), the insurer might argue you failed to meet the minimum conditions of the insurance contract.
The Investigation: I Quoted 3 Major Carriers
1. Sports & Fitness Insurance Corp (SFIC)
- My Analysis: They are rigorous. They require you to keep PAR-Q forms on file for 5 years. If you can produce the signed form where the client checked “No” to heart conditions, SFIC defends you aggressively.
2. Markel
- My Analysis: They offer specific “Heart Attack/Stroke” limits. Even if you are negligent, they often have a sub-limit (e.g., $100k) to handle these catastrophic medical events.
3. Hiscox
- My Analysis: Their standard PL policy covers “Bodily Injury arising from instruction.” This is critical. Many generic PL policies exclude bodily injury, covering only financial loss. Hiscox bridges this gap for trainers.
[IMAGE: Photo of a standard PAR-Q+ form 2026 edition]
Comparison Table: Cardiac Event Liability
| Carrier | Requires PAR-Q? | AED Maintenance Check? | Bodily Injury in PL? |
| SFIC | Mandatory | Yes | Yes |
| Markel | Recommended | Yes | Yes |
| General BOP | No | No | NO (Excluded) |
Step-by-Step Action Plan
- Implement Digital PAR-Q: Don’t use paper. Use an app that timestamps the signature.
- Check AED Logs: Ensure your AED battery is green. Log the inspection monthly.
- Review “Scope of Practice”: Never give medical clearance. If they check “Yes” on PAR-Q, require a doctor’s note before training.
- Notify Carrier: If a client collapses, report it immediately as a “Potential Incident,” even if they say they are fine.
FAQ
What if they lied on the PAR-Q?
Then you are generally safe. The PAR-Q shifts the liability to them. Insurance loves this defense.
Do I need an AED in my car for park classes?
It is highly recommended and legally required in some jurisdictions for bootcamps.
Does CPR certification affect insurance?
Yes. If your cert is expired, your insurance might be void under the “Maintenance of Certification” clause.