It happened in slow motion. The client was doing face pulls. The tube band snapped near the handle, whipping back and striking her directly in the eye. She suffered a detached retina and permanent vision loss. The lawsuit names the manufacturer (for the bad band) and me (for failing to inspect it and putting her in a dangerous position).
Key Takeaways
- Duty to Inspect: You are liable if you provided equipment that was worn or damaged. “Negligent Maintenance.”
- Product Liability for Retailers: Did you sell her the band? If yes, you are a retailer and strictly liable.
- The “participant” lawsuit: Most General Liability policies exclude injuries to “Participants” in athletic activities unless you buy the “Participant Liability” buy-back.
- Subrogation: Your insurance pays the client, then sues the band manufacturer (Amazon/China) to get the money back.
The “Why”: Participant Legal Liability
The Trap:
Standard General Liability (GL) covers spectators. It often excludes people actually working out (“Participants”).
Carriers argue that working out is inherently dangerous.
You must verify your policy includes “Participant Legal Liability” (PLL). Without this, if a client gets hurt while exercising, you have zero coverage.
The Investigation: I Quoted 3 Major Carriers
1. K&K Insurance
- My Analysis: They are famous for PLL. It is their core product. They assume the risk of bands snapping. However, they will request your “Equipment Maintenance Log” during a claim. No log? You look negligent.
2. Travelers
- My Analysis: Great for gym owners. They cover the premises well. But they will ask if the equipment was “commercial grade.” If you bought cheap consumer bands from Amazon, they might argue the equipment was unfit for commercial use.
3. Nationwide
- My Analysis: Good product liability coverage if you brand your own merch. If you private-label bands, you need this.
[IMAGE: Checklist for “Weekly Equipment Inspection” focusing on bands and cables]
Comparison Table: Equipment Injury Coverage
| Carrier | Participant Liability? | Commercial Grade Required? | Maintenance Log Required? |
| K&K | Yes (Core) | Yes | Yes (For defense) |
| Travelers | Yes | Strict | Yes |
| Basic GL | NO | N/A | N/A |
Step-by-Step Action Plan
- Inspect Weekly: Check every band for micro-tears. Throw them out every 6 months regardless of wear.
- Buy Commercial Grade: Keep receipts. Do not use “home use” equipment in a gym.
- Verify PLL: Check your policy for “Participant Legal Liability.”
- Incident Report: If a snap happens, keep the broken band pieces. Do not throw them away! They are evidence for the manufacturer lawsuit.
FAQ
Can I blame the manufacturer?
Yes, but you are the primary target because you handed it to the client.
What if the client brought their own band?
Your liability is lower, but you can still be sued for “Failure to Supervise” (letting them use unsafe gear).
Why do bands snap?
UV damage, overstretching, and age. Replace them aggressively.