Girl Drowns in Fitness Center Pool

By Chuck Leve, AFS Executive Vice President of Business Development

We all hope and pray it doesn’t happen at all, let alone to us, but the reality is – bad stuff can happen.  It did last year to a Midlothian, VA fitness center, where a 9-year-old girl fell into a swimming pool and drowned.

According to the guidelines on the fitness center’s website, there is no lifeguard on duty at the gym. The guidelines also say "Children 13-and- under require adult supervision; adult must be in wet area at all times."

The deceased girl was accompanied by an uncle.

Police and fire department personnel arrived and quickly transported the victim to the hospital, where she later died.

"There was a lot of screaming, yelling, the kids were crying, it was awful," said a witness. "We were just shocked. We were just staring, hoping she would be okay.”

The facility issued the following statement: “All of us are deeply saddened about the incident, and our most sincere condolences, thoughts and prayers go out to the deceased and her family,” said the fitness center’s General Manager. “Discovery is ongoing with the police and family members, and we cannot comment any further at this time.”

As sad as this incident is, it forces us to take a good hard look at our own studios and ensure that we’re prepared for – and protected from – disasters of this type – regardless of where fault or blame may lie.

General Liability insurance is designed to protect businesses from claims that arise from incidents in their premises and operations.

Does the studio’s liability insurance apply in such an incident or other incidents?  What can we do to minimize the chances of these things occurring?  Do guest waivers really protect the fitness center and are they enforceable?

“Tragic incidents such as this one are the reason that General Liability is a requirement for fitness businesses,” said Jennifer Urmston-Lowe, National Accounts Manager for SFIC Insurance.  “Studios cannot foresee and prevent everything that can happen in their facilities.”

General Liability insurance is designed to protect businesses from claims that arise from incidents in their premises and operations. Having a formal safety plan and consistently implementing it, is a first step to preventing claims.

Although liability waivers hold up better in some jurisdictions than others,” said Urmston-Lowe, “a good liability waiver, written by an experienced attorney in the state where the studio is located, is the best tool that the studio owner has to reduce their liability.”