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Senate Commerce Committee Statement - Senate Bill No. 825 (State of New Jersey, February 13, 2020)

Summary

A Senate Commerce Committee Statement to Senate, No. 825 with committee amendments, State of New Jersey, dated February 13, 2020, reporting Senate Bill No. 825 favorably and with committee amendments. The statement says the bill prohibits health club services contracts from limiting the liability of the health club to a buyer for injuries caused by negligence of the owner or operator, or an agent or employee. It says a violation would be an unlawful practice under the consumer fraud act, punishable by a monetary penalty of not more than $10,000 for a first offense and not more than $20,000 for any subsequent offense. The committee amended the bill to change the effective date to the first day of the ninth month next following enactment.

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“Senate Commerce Committee Statement - Senate Bill No. 825 (State of New Jersey, February 13, 2020).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2020-02-13-scm-s825-s1-7436aca133/, SHA-256 597529a352fbdebac72e1c3d8e69bb00512b08c2effacc4fecc0a6aef8046da9.

Full text

     SENATE COMMERCE COMMITTEE

                    STATEMENT TO

                   SENATE, No. 825
                   with committee amendments



 STATE OF NEW JERSEY
                   DATED: FEBRUARY 13, 2020

    The Senate Commerce Committee reports favorably and with
committee amendments Senate Bill No. 825.
    This bill prohibits health club services contracts from limiting
the liability of the health club to a buyer for injuries caused by or
resulting from the negligence of the owner or operator, or an agent
or employee of the owner or operator, of the health club.
    This bill is intended to codify Justice Albin’s dissent in the case
of Pulice v. Green Brook Sports & Fitness, 236 N.J. 1 (2018); see
also Stelluti v. Casapenn, 203 N.J. 286 (2010) (Albin, J., dissenting)
(arguing that a contract limiting a health club’s liability from its
own negligence is void as against public policy).
    A violation of this bill would be an unlawful practice pursuant to
the consumer fraud act, P.L.1960, c.39 (C.56:8-1 et seq.), and is
punishable by a monetary penalty of not more than $10,000 for a
first offense and not more than $20,000 for any subsequent offense.
In addition, violations can result in cease and desist orders issued
by the Attorney General, the assessment of punitive damages, and
the awarding of treble damages and costs to the injured party.
    This bill was pre-filed for introduction in the 2018-2019 session
pending technical review. As reported, the bill includes the changes
required by technical review, which has been performed.

COMMITTEE AMENDMENTS:
     The committee amended the bill to change the effective date of the
bill to the first day of the ninth month next following enactment.

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