Who am I: Expert Witness Fitness is a company that understands a Gym and Fitness center rights. My name is Dave Parise and I have specialized experience that allows me to testify in court to help the judge or jury understand complicated or technical subjects involving fitness center claims. I have seen gyms and fitness centers sued for harassment, cameras, locker theft, dehydration, revoked memberships, a pulled muscle, a reoccurring injury, to name a few. All dismissed for wrong doing, and negligence on part of the member.
What I do: I determine based on a report of findings the facts that lead to an expert witness opinion. As an expert witness with 30 years’ experience in the fitness industry, I am capable of turning the tables on an opposing lawyer by showing expertise, my command of the facts, and my ability to communicate and defend opposing opinions. This defines what an expert witness is, what my duties are, and it helps to be prepared to testify and defend my report and opinion. My experience defines me as a “Liability Protection” provides peace of mind with the insurance company, and your lawyer. I protect your gym and fitness center and private studio from the risks associated with being sued. Side note: I have owned and operated a private studio, and fitness center for 30 years. I also own a school for personal trainers. Fit Pros Academy.
I understand that bad things happen to good people, and the right expert witness provides solutions, and gathers the pertinent facts to help you through it. I will assist and guide along with the attorney through complex legal system, ensuring that your Constitutional Rights are protected every step of the way.
While health clubs, gyms and fitness centers, are a destination for fitness enthusiasts, they are often times blamed, and sued for many misrepresented false claims. There are many nuisance cases, and I can formulate my expert opinion to defend. In some instances serious injuries are caused by the member. Some members have been negligent to abide by the rules and regulations mandated by the said fitness center.
HEALTH CLUB SAFETY: WHAT YOU NEED TO KNOW
I help facilities implement the standards that protect them from fault. I have written emergency policies and procedures for health/fitness facilities. Health/fitness facilities are defined as commercial (for profit), community (not for profit), corporate, and clinical (medical fitness). My consulting recommends standards that contains requirements related to pre-activity screening; orientation, education, and supervision; risk management and emergency policies; professional staff and independent contractors; compliance with federal and local regulations; operating practices; federal regulations and signage for health/fitness user and/or facilities. It is intended to assist in providing a safe environment for those who engage in the activities and programs offered by health/fitness facilities. These standards keep the facility bullet proof. Without these standards, and guidelines a facility can be liable for negligence.
***Health clubs like any other establishment owe their patrons a reasonable duty of care to make sure the property is free from not only defective conditions, but also dangerous conditions on the property. Health club owners are required not only to inspect for such issues but to also warn- inform customers. Some health clubs provide adequate warnings, and inform members. However liability can be due to members moving equipment, using equipment in non-designated areas, modifying equipment, , which causes liability regards to proper spacing, and goes against manufactures recommendations. Other members have been shown, instructed on proper training techniques, yet continue to train in an unorthodox overzealous way. Literally making up their version of an exercise. This creates a hazard to everyone as well as other members.
Personal statement: Generally, harm is brought under negligence. In order to bring a cause of action under negligence it is required to show that the health club did not follow the health fitness standards and guidelines. Was there a breach of duty? Was there any witness at the time of claim? Was the harm suffered caused by the health club, or the member? Was the member warned in writing in regards to past actions? Did the member have any past, or current musculoskeletal concerns / health concerns? In order to determine fault, or negligence this must be discovered first. I can assist, help fitness centers, and gyms defend their rights against false claims, and the challenges of lawsuits.
Dave Parise Expert Witness
CPT MES FPTA