Reference no: EM133165227

What are the answers in a case study format based on the information below?

High-Tone Health Club is a fitness facility that offers members the use of standard exercise equipment, free weights, and classes. One of those classes is a body pump class in which patrons do various exercises, both with free weights and without, all to rhythmic music. The routines are put together by instructors for the class. Julie Rookie, a new member of the club, who was admittedly out of shape and needed to join the club on the advice of her doctor, decided to take the class. The class was titled "moderate workout" level on the class schedule, but moderate was not defined anywhere on the schedule. Julie is 50 years old and had never taken a class like this. She clearly had trouble keeping up with the music and was off balance. The instructor, Joe Fitness, said nothing. Julie took the class again two days later with the same instructor, with the same problems. However, in this class, she fell off a step used in the class and broke her ankle. Assume that Julie did not sign a waiver regarding the inherent risks associated with exercise, then please assess the following:

1. Assume Joe Fitness was a certified body pump instructor.  Was the tort of negligence committed by the club ownership? Determine this by going through all the elements of negligence.
2. Assume Joe Fitness was NOT a certified body pump instructor.  Was the tort of negligence committed by the club ownership?  Please determine this by going through all the elements of negligence.
3. Does being a certified instructor have any effect on who is liable for negligence?  You will need to research this.