I finished a spin class and was chatting with students. A student slipped on a massive puddle of sweat left by the previous rider, breaking her wrist. She sued the studio (Premises Liability) and me (Professional Liability) for failing to inspect and clean the room before letting her walk there.
Key Takeaways
- Premises vs. Professional: The studio is liable for the floor (Premises). The instructor is liable for managing the class safety (Professional). Both get sued.
- “Duty to Warn”: Did you warn students “Watch your step, it’s slippery”? If not, you failed your duty.
- Cross-Claims: The Studio will blame you (“He should have mopped”). You will blame the Studio (“They didn’t provide towels”).
- The “Janitorial” Exclusion: Check if your instructor policy excludes “maintenance” tasks. Usually, it covers safety checks, but it’s a grey area.
The “Why”: The Shared Liability
The Trap:
The injured student doesn’t care who is at fault; she sues everyone.
If you are an independent contractor, the Studio’s insurance will fight to pin the blame on you to protect their loss ratio.
Your defense relies on “Standard of Care”—did you do what a reasonable instructor would do? (e.g., Turn on lights, point out hazards).
The Investigation: I Quoted 3 Major Carriers
1. The Hartford
- My Analysis: They write many gym policies. They understand the “Slip and Fall.” They tend to settle these quickly.
2. Cincinnati Insurance
- My Analysis: High-end coverage. They often defend the “open and obvious” doctrine (i.e., “It’s a gym, sweat is expected, watch where you walk”).
3. Philadelphia (PHLY)
- My Analysis: They require incident logs. If you filled out an incident report immediately saying “Puddle was not visible,” they have a better chance of defending you.
[IMAGE: Photo of a “Caution: Wet Floor” cone in a gym setting]
Comparison Table: Slip Liability
| Party | Liability Type | Defense |
| Studio | Premises Liability | “We have a cleaning schedule.” |
| Instructor | Professional Liability | “I warned them.” |
| Student | Contributory Negligence | “I wasn’t looking.” |
Step-by-Step Action Plan
- Announce Hazards: Make it a habit to say “Careful on the floor” at the end of class.
- Incident Report: Fill it out immediately. Describe the lighting, the floor condition, and the footwear of the student.
- Notify Carrier: Even if you think it’s the studio’s fault, report it to your insurer.
- Do Not Admit Fault: Don’t say “I should have wiped that up.” Say “I see there is a spill.”
FAQ
Am I liable for the lobby?
Usually no, just the room you are teaching in.
What if the roof leaked?
That is the landlord/studio’s fault (Premises).
Does the waiver cover this?
Maybe. Waivers are stronger for “inherent risks” (lifting weights) than for “negligence” (wet floors).