The Senate Commerce Committee voted to release Senate Bill 1481 after testimony from industry representatives and elected officials about liability waivers used by health and fitness facilities.
The bill, sponsored by the committee chair and Senate President Sketarian, "prohibits health club service contracts from limiting liability for injuries caused by the negligence of the health club," according to legislative staff. Proponents and opponents agreed that consumer protection is the stated goal, but they sharply disagreed on whether a near‑blanket prohibition on waivers would create unintended consequences.
A representative of the Health and Fitness Association who identified a witness slip as "Charles Renante" testified on behalf of the New Jersey fitness industry and urged narrowing changes. He said the bill "would drastically increase legal exposure for facilities that already operate on razor thin margins" and warned the legislation could make "all liability waivers unenforceable, including those signed by informed adults who knowingly engage in physical activity." He urged an amendment allowing waivers for informed adults while making waivers for minors unenforceable.
Senators probed the complaint that adhesion contracts can strip claimants of recovery in cases where ordinary negligence—not gross negligence—causes injury. Senator Bramnick described the practical concern about consent to waivers, asking, "Nobody knows what they're signing. So in essence, they're signing away their rights, and they don't know it." Chairman Lagana and other committee members emphasized the difference between a user's self‑inflicted injuries and a club's failure to maintain equipment; Lagana said cases in which clubs fail to maintain equipment should be judged under a simple negligence standard.
The health and fitness witness cited Oregon’s 2014 experience, saying "liability insurance costs surged to 1.5 times the rate of inflation" after waivers became unenforceable there and warned of higher insurance premiums and closures of smaller fitness facilities.
On a motion by Senator Johnson, seconded by Senator Bramnick, the committee released S1481. Roll call recorded Senators Bramnick, Singer, Johnson, Vice Chair Scribe and Chairman Lagana voting to release the bill. Committee members said they expect follow‑up conversations about narrowing language to protect children and to preserve reasonable business operations while protecting consumers.
The committee did not adopt an immediate amendment on the floor but advanced the measure for further legislative consideration.