HOA Fitness Center Liability

Our age 55+ community has an exercise facility with the only requirement for use is to have a valid HOA ID and to sign-in before using the equipment or joining a fitness exercise class. Yesterday one of residents (age 76) had a massive heart attack while exercising and died. It never has been the practice to require anyone first to sign a liability release form or answer a questionnaire about their health or provide a signed medical waiver from a physician, if necessary. There is a notice that states in part:

"All persons using equipment at the Fitness Center do so at their own risk... Users are advised to read and understand all posted notices regarding equipment usage, sign-in procedures, and the risks associated with such usage. HOA is not liable for injuries incurred while using Fitness Center equipment. Users are advised to consult their physician or fitness specialist."

Should we have concern that our HOA still could be liable for not having users first sign a waiver, complete a questionnaire about their health or provide a signed medical waiver from a physician, if necessary and do so regularly as they get older? Or is "All persons using equipment at the Fitness Center do so at their own risk", sufficent?

A lot of liabilty questions these days.

No you are not liable for a heart attack.

If a machine broke and caused injury, maming, or death that would be another story if it could be shown that maintenance was at fault but acts of God or misuse is not to be worried about.

There is no way to totally avoid liability. In the US you can sue anyone for anything and it seems that lawyers will typically sue everyone involved or even potentially involved.

However. It seems to me that there is more risk in doing more to control access. If you have a questionaire- how do you decide if there are enough or serious enough medical issues to matter? In an over-55 community almost everyone will have something to be concerned about. I think the HOA is better off with a broad disclaimer making it the responsibility of the user.

Of course you could renovate, remove the equipment, and duct-tape foam rubber to all the surfaces...