Liability For Home Exercise Equipment

One aspect of the increasing emphasis in fitness is that many people have equipment such as treadmills or rowing machines in their home

. These machines symbolize work for adults, but they just as easily symbolize play for children. The First District Appellate Court of Illinois recently considered, in a case unique to Illinois, where a visiting child sustained injuries while using a home treadmill, whether the homeowner could be held liable for the injuries.

In that case, a ten-year-old girl was visiting the home of a friend whose parents owned a treadmill. The girl was playing on a treadmill machine which was moving at a fast rate. The girl could not turn off the machine and sustained severe damage to her right hand.

Generally, homeowners must warn visitors of any potentially dangerous conditions they are aware of in and around the home. There are dangerous conditions considered so obvious the children are legally considered to be able to appreciate them. If a danger is very obvious, the homeowners might avoid liability for failing to warn someone about the danger. Where injury to the child is foreseeable, it can be determined that liability can attach. The test is whether a typical child, although old enough to be without constant supervision, lacks the maturity to understand and appreciate the risks of their actions, and could foreseeably get hurt.

The court held that it would not always be the case that exercise equipment would be determined to create an obvious danger of personal injury. The court stated that even if a treadmill posed an obvious danger to a child, it would still consider the factors traditionally examined in negligence cases to determine whether the homeowners were liable. These factors include the reasonable likelihood and foreseeability of an injury; whether the steps a homeowner could take to prevent the injury would be overly burdensome to them; and the consequences of placing that burden on the homeowner. Fitness equipment, as per the court's opinion does not always create such an obvious danger that would rule out a finding of liability in every case.

The lesson is this: While children may consider exercise equipment a plaything, it can pose a considerable risk of injury to them. As such, homeowners should always guard against childrens unauthorized or unsupervised use of such equipment. You should consult with a lawyer about any concerns you may have concerning your legal duties and liabilities as a homeowner.

by: Ralph E. Elliott

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