It was “Murph” day. A new client was struggling. I shouted “Don’t quit!” and encouraged him to finish the pull-ups. He did. Two days later, he was in the ICU with Rhabdomyolysis (muscle breakdown poisoning the kidneys). He is on dialysis and suing me for $1M, claiming I ignored signs of distress and created an “unreasonably dangerous” workout.
Key Takeaways
- Rhabdo is the “New” Cardiac Event: Insurers are seeing a spike in Rhabdo claims from HIIT and Crossfit.
- “Failure to Monitor”: The allegation is that you, as the expert, should have stopped him. Encouraging him to continue is evidence of negligence.
- Communicable Disease Exclusion: Not relevant here, but often confused. This is a bodily injury claim.
- Waiver Specifics: Does your waiver specifically mention “Rhabdomyolysis”? If not, the client didn’t assume that specific risk.
The “Why”: The Negligence Threshold
The Trap:
Liability waivers protect you from ordinary negligence (e.g., you programmed a hard workout).
They do not protect you from Gross Negligence (e.g., you saw he was vomiting and pale, and told him to keep going).
Insurers will investigate: Did you scale the workout? Did you offer water? Or did you bully him? The line between “motivation” and “recklessness” is where the $1M payout lives.
The Investigation: I Quoted 3 Major Carriers
1. CrossFit Risk Retention Group (RRG)
- My Analysis: If you are an affiliate, this is your tribe. They understand Rhabdo. Their lawyers specialize in defending “high intensity” claims. They know how to argue “Assumption of Risk” better than anyone.
2. Affiliate Guard
- My Analysis: Another specialist. They provide specific Rhabdo waivers. They require you to have an “On-Ramp” program for beginners. If you let a newbie do Murph without On-Ramp, they might limit coverage.
3. NEXT Insurance
- My Analysis: They cover Personal Trainers, but their limits might be too low ($1M agg) for a dialysis claim. Also, they might argue that “Extreme” fitness falls outside standard training.
[IMAGE: Infographic of “Rhabdo Symptoms” to post in the gym]
Comparison Table: High Intensity Liability
| Carrier | Rhabdo Defense Expertise | Specific Waiver? | On-Ramp Required? |
| CrossFit RRG | High | Yes | Yes |
| Affiliate Guard | High | Yes | Yes |
| NEXT | Low | No | No |
Step-by-Step Action Plan
- Update Waiver: Add a specific paragraph defining Rhabdomyolysis and its risks.
- Mandatory On-Ramp: Never let a Day 1 client do a Hero WOD.
- Document Scaling: Write down “Scaled weight for John Doe” in your class notes. This proves you were monitoring safety.
- Hydration Policy: Ensure water is available and encouraged.
FAQ
Is Rhabdo covered under Bodily Injury?
Yes.
Can I settle out of court?
Your insurance company will decide. Rhabdo cases are ugly in front of a jury; they often settle fast.
Does my certification cover this?
No, your certification is education. Insurance is financial protection.