Joshi v. Fitness International CA6
On October 30, 2018, Joshi filed a Judicial Council form complaint for personal injuries against Fitness alleging one cause of action for premises liability. She alleged that on May 1, 2017, as she entered the sauna at the Club owned by Fitness on Newhall Drive in San Jose, she tripped and fell onto the heating element, suffering burns to her body. Joshi alleged that the accident occurred because of a lack of lighting caused by a burned out light bulb. She alleged two counts: that Fitness (1) was negligent in owning, maintaining, managing, and operating the premises; and (2) willfully failed to guard against or warn against a dangerous condition of the premises.
Fitness filed an answer to the complaint. In its answer, Fitness alleged, inter alia, as a defense that Joshi signed a membership agreement that included an express release of liability under which she knowingly waived any claims she might have against Fitness.
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