Recently received this from the ACE people, and thought it would be good for you to read:
Here’s every trainer’s nightmare: A 42-year old woman files a lawsuit against her trainer claiming that she was hospitalized for nearly two weeks resulting from two rigorous training sessions that left her in excruciating pain.
The lawsuit, which made headlines in Atlanta, was filed in 2003 and headed to court in 2007.
The woman reportedly suffered a condition called Rhabdomyolosis, or the rapid breakdown of muscle tissue due to injury to the muscle fibers, which the defendant’s lawyer claimed was not a reasonably foreseeable result of the workouts, according to a newspaper article from Feb. 20, 2007.
The plaintiff’s attorney, however, reportedly claimed the trainer believed in using “the same workout routine for all of his clients.”
If the trainer admits to this fact in court, it will likely elicit an unfavorable reaction by the judge or jury, said Mark Nagel, associate professor in the Department of Sport and Entertainment Management at the University of South Carolina. Nagel also authored the legal chapter in the upcoming fourth edition of the ACE Personal Trainer manual.
Granted, Nagel said, ACE-certified trainers will likely read this story and shake their heads that any trainer would even conceive of applying a “one-size-fits” training program. After all, ACE-certified fitness professionals have gained substantial educational know-how, technical skills and continuing education to provide safe and effective training for all populations.
But the truth is no trainer—regardless of experience, qualifications, skills or professionalism—is guaranteed protection from ever being sued.
“We live in such a litigious society that people can get sued for just about anything,” Nagel said. Hence, familiarity with the ACE Code of Ethics, adherence to safe practices and common sense are the best armor to stay out of court.
In this article Nagel will address some of the key issues trainers should know to keep their clients safe while protecting their own financial health and professional well-being.
Consider this: A lawsuit that ends ups in trial will surely put your professional life on hold for an extended period of time, often years, harming your health and depleting your bank account. Even in cases where the allegations are without merit, a suit can ruin your career and reputation, Nagel said.
Following these recommendations will help you stay on track for a successful career and refresh your memory of what’s important when dealing with clients.
1. Apply Common Sense
Common sense can go a long way in keeping you out of legal trouble. Remind yourself that every client is different and unique and needs to be treated accordingly. Listen carefully and try to meet their specific needs and goals. Reevaluate the programming as circumstances change or challenges arise.
2. Provide Instruction Current with Professional Standards and Practices
To avoid potential litigation, ensure that your instructional technique is consistent with current professional standards and practices.
If you fail to demonstrate a movement or give improper and inadequate instruction on how to use a piece of equipment, and injure a client, you may be found negligent. Avoid high-risk exercises that are not recommended by professional peers or dangerous and controversial exercises that potentially place your client at risk for injury.
3. Check the Equipment Before Every Use
Nagel also recommends scanning equipment for possible hazards before every training session.
“You don’t have to take apart every piece of equipment, but walk through the facility and make sure things are operable,” Nagel said.
He finds that even during monthly equipment inspections, failures can go unnoticed. While it typically isn’t the trainers’ responsibility (provided it’s not their business and equipment) to buy, inspect and repair fitness equipment, it’s important to remember that a client who gets injured from defective equipment likely sues everyone, including the trainer, Nagel noted.
“The court understands that trainers can’t be made responsible for buying a facility’s equipment (unless it’s their facility), but when a cable is broken and the trainer could have noticed it, then the trainer may be partially liable for not noticing the obvious,” Nagel exemplified.
He added, “In litigation, the fate hinges with the jury or the judge, and it’s a far better story for trainers to say that they took a visual scan of the equipment. That can bolster the trainer’s case.”
4. Before You Go to Boot Camp
The popularity of outdoor boot camp classes comes with obstacles and legal pitfalls.
“Boot camp classes create a unique opportunity that clients enjoy, but they also pose risks given the number of participants and exercise levels and the somewhat uncontrollable environment,” Nagel said.
His advice: To mitigate potential legal trouble, start the class at a slower pace. Also, limit the cardiovascular duration, at least in the initial class, for two reasons: To evaluate participants’ fitness levels and to keep them in sight.
“You don’t want to run the risk of someone passing out or having a heart attack when you’re not being near,” Nagel said.
Additionally, it’s a good idea to instruct participants beforehand on what to expect in class. That includes the duration of the cardiovascular activity and types of strength-training activities.
“Have a ‘dry run’ through the entire course, so participants know what to expect and can gain familiarity with the course,” Nagel said. “If a client sues you because of injury and argues he or she didn’t know that they were expected to go on their hands and knees through a tunnel, you can counter that the client assumed the risk and knew what to do since they already walked through the activities.”
From a legal stance, grouping participants according to their physical abilities and fitness levels protects the trainer and is likely to enhance the experience for participants.
5. Considerations For Training Clients at Your Home or Theirs
Training clients at their homes or your home poses some unique legal challenges. When trainers agree to work with clients at their homes, they can’t expect to walk into a professional environment.
“Many clients are Ok with having a bench press in their family room near a couch, but it would be in the personal trainer’s best interest to insist on modifying the setup to make it safer,” Nagel exemplified. Trainers should always ask clients to sign waivers, and keep the exercise programming conservative.
Trainers who invite clients into their in-home studios are better protected if they create a professional environment: Safe equipment, regular inspections, proper maintenance and repairs should all be a given.
Keep in mind that in-home training adds layers of legal risk. If something goes wrong and a client sues, the court typically can’t call on witnesses. It will be your word against the client’s.
“And when each (the trainer and client) have different interpretations of the facts, the litigation becomes more perilous,” Nagel noted.
6. A New Aspect of Instructional Liability: Touching Clients
Perceived inappropriate or unwanted touching of clients is especially troublesome in the eyes of the law.
“Charges of sexual assault, even those that are groundless, can have disastrous consequences on your personal training career,” Nagel said.
Given that every person has specific boundaries for acceptable physical contact, it’s crucial that trainers learn what those limitations are before starting to train a client. An interview with questions such as “How do you want me to position myself when you do an exercise? Do you want me to spot you by touching or pulling the bar?”
“Some people do not mind if you hold their elbow or wrist, others don’t want anyone to touch them,” Nagel said.
Always inform the client about the purpose of touching; if the client objects, find an alternative.
Nagel thinks it’s even better to put these terms in writing. This way, if a client sues the trainer, because he or she feels violated, and no witnesses are present, the trainer can refer to the terms of the contract.
Another tip: Avoid meeting clients alone with the office door closed or a desk blocking the door, Nagel said.
In cases where the client-trainer relationship turns romantic, it’s highly advisable to stop the professional relationship.
“The downside can be extremely damaging,” Nagel said.
7. Trainer Help Me With My Diet!
Providing inappropriate nutritional advice can also get a trainer into legal hot water.
Unless you’re a registered dietician or health care professional, refrain from offering non-medical nutritional information, said Fabio Comana, an ACE Academy Exercise Physiologist and veteran fitness professional.
His rule for trainers: “Limit recommendations to macronutrients and calories; leave the micronutrients to the dieticians.”
Point clients to educational Websites, such as the 2005 nutritional guidelines put forth by the United States Department of Agriculture at www.MyPyramid.gov. In some states, advising clients about vitamins, food or caloric consumption is not recommended. To protect yourself, refer clients to their physician or a registered dietician.
8. Advice on Supplements?
Firstly, ACE-certified trainers should refrain from endorsing supplements.
“Tell clients that supplements are not regulated to the same degree by the U.S. Food and Drug Administration as drugs and foods,” Comana said. “Therefore, there is no guarantee these products are safe.”
Comana, who has earned his master’s degree in nutrition from San Diego State University, said a well-balanced diet can achieve many of the same results as supplements in most healthy adults.
At the same time, he feels that trainers have a professional obligation to learn about supplements when approached by clients. This way they can help educate the client without making recommendations.
“If a client insists on taking a supplement, recommend that they talk to their doctor,” he added.
9. Know When to Refer
If you suspect that a client has an eating disorder, refer that client to a specialist. In cases where a client wants to discuss family or marital problems or addictive problems, refer that person to a psychologist.
Referring a client to a more qualified professional when warranted enhances a trainer’s level of credibility and reduces potential liability.
And lastly, every trainer should buy liability insurance for a minimum coverage of $1 million. At an annual premium of $179 a year, it’s the best liability protection money can buy.
“If trainers do what they are supposed to do, in the vast majority of cases they’ll be fine,” Nagel said. “But keep in mind that courts are run by humans, and humans make mistakes.”
Marion Webb is the managing editor for the American Council on Exercise and an ACE-certified Personal Trainer. For specific fitness-related story ideas or comments, please e-mail her directly at marion.webb@acefitness.org.
