WeVote
Log In

Bill

JB

Bill

S 1388

Prohibits health club services contracts from limiting liability for injuries caused by negligence of health club.

2026-2027 Regular Session Introduced by Jon Bramnick and 2 co-sponsors

New Jersey bill voids health club liability waivers, allowing injured members to sue clubs for damages resulting from club negligence regardless of contract terms.

Reported from Senate Committee, 2nd Reading
0
WeVote Research Nonpartisan
Bill Summary · S 1388

Legislative bill overview

S 1388 prohibits health clubs from using contract language to shield themselves from liability when injuries result from their own negligence. Currently, many health club membership agreements contain liability waivers that prevent members from suing for injuries caused by negligent actions. This bill would void such provisions, allowing injured members to pursue legal claims regardless of what their membership contract states.

Why is this important

Health clubs serve thousands of New Jersey residents, and injuries from negligence—such as inadequate equipment maintenance, insufficient supervision, or unsafe facility conditions—do occur. This bill directly affects the legal recourse available to injured members and determines whether health clubs bear financial responsibility for preventable harm caused by their own actions.

Potential points of contention

  • Business impact: Health clubs argue that liability exposure increases insurance costs, which may be passed to members through higher fees, potentially pricing out lower-income consumers
  • Scope of negligence definition: Disagreement over what constitutes "negligence" versus "assumption of risk"—for example, whether a member injured during improper use of equipment falls under negligence or personal responsibility
  • Balance of fairness: Tension between protecting vulnerable consumers from one-sided contracts and recognizing that some injury risk is inherent to physical activity, which members knowingly assume

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.