The New York Personal Injury Blog

Booze and Barbells: Will Drinking and Workouts = Lawsuits?

Peanut butter and jelly. Tupac and Dr. Dre. Vanilla vodka and root beer floats. Some combinations make so much sense that it is absurd that it took so long to get there.

Finally, you can get your cardio AND your cocktails in one sitting. Really. Or your boot camp, bloodies, and brunch. How has this taken so long?

Gym. Gin. They sound so similar. They belong together.

Uplift Studios, in the Flatiron district, has just opened a bar that rewards you for your workout with alcoholic beverages. But to take a phrase from Carrie Bradshaw, I couldn't help but wonder ... what comes first, the lawyers or the lawsuits?

As great of an idea as this is, it is almost certain that lawsuits will soon ruin it. Why? Besides the obvious inherent issues with people drinking, probably on near-empty dehydrated stomachs, near heavy gym equipment, there are the ever-present issues of what happens when they leave.

When you join a gym, they usually make you sign a waiver that says, “I will not sue if I hurt myself, or if someone else hurts me.” Uplift Studios will probably do the same with their drunken patrons. However, what about third parties’ injuries?

Dram shop laws add another layer of legal liability for the gym-bar. These laws allow bars to be sued if they over-serve patrons, who then go and hurt or kill third parties, especially if the patron is underage, though New York dram shop laws do not allow drunk patrons to sue for their own injuries.

Those cardio freaks, with their lean muscle mass and no fat, are going to “tighten and tequila” and then leave. Moreover, unless they go from gym to bars, they are probably going to drive home, though public transit certainly mitigates that risk.

In addition to dram shop issues, those wonderful waivers, which have protected workout establishments for years, have not been tested in court when the workout establishment gets the patrons dehydrated and drunk.

See? The lawyers are ruining the fun already.

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