February 2011 - Parks & Recreation - 40

LAW REVIEW continued from page 36

of Torts (Second) § 314A adequately expressed the applicable legal duty of care
in this particular case. Specifically, " a
proprietor is under an ordinary duty of
care to render aid to an invitee after he
knows or has reason to know the invitee

is ill or injured. " In so doing, the appeals
court cited the following limitation on
the scope and applicability of " ordinary
duty of care to render aid " expressed in
" comment (f) to the Restatement (Second) of Torts §. 314A " :

The defendant is not required to take
any action until he knows or has reason to know that the plaintiff is
endangered, or is ill or injured. He is
not required to take any action beyond that which is reasonable under
the circumstances.
In the case of an ill or injured person, he will seldom be required to do
more than give such first aid as he
reasonably can, and take reasonable
steps to turn the sick man over to a
physician, or to those who will look after him and see that medical
assistance is obtained. He is not required to give any aid to one who is in
the hands of apparently competent
persons who have taken charge of
him, or whose friends are present and
apparently in a position to give him all
necessary assistance.

On appeal, L.A. Fitness contended
that it had met the applicable legal standard of care because " Strayer and Bailey immediately advised their staff to call
911 when they heard a call for help and
then quickly ran over to Tringali to check
his condition " :
Strayer felt his wrist, noted his breathing patterns and heartbeat, saw the
head cut, noted his position on his back,
observed his facial color, and decided
not to attempt CPR, as he believed it
was unnecessary and could worsen his
condition. He stayed with Tringali and
continued to monitor his condition until
the paramedics arrived within a few
minutes after they were called.

Bring families together with bright colors, interaction,
multiple water effects and themed play, while being
confident that Water Odyssey's long-lasting components
will keep your facilities attractive for years to come.
Fun Forms™ * Interchangeable Components * Wireless Activation
Low Water Consumption Options * Custom Capabilities

Contact Us: 512.392.1155 | www.waterodyssey.com
Circle 27 on product information form on PAGE 79. see us at booth #14 at NAC'11.

38 Parks & Recreation

FEBRUARY 2011

w w w . NR P A . ORG

Accordingly, L.A. Fitness maintained
that this " undisputed evidence " showed
that it had " fulfilled its common law duty
to render aid and secure medical assistance for Tringali. "
According to the appeals court, " [a]
business proprietor cannot 'ignore' an
injured or incapacitated patron and must
'take some minimal steps to safeguard'
him. " More significantly, however, the
appeals court found that such " minimal
steps to safeguard " do not " create a duty
to perform medical rescue procedures "
on an injured or incapacitated patron.
On the contrary, the appeals court found

February 2011 - Parks & Recreation

Table of Contents for the Digital Edition of February 2011 - Parks & Recreation