Homeowners Association, Total Health Systems Named As Defendants In Palm Beach County Lawsuit.
BY: LITIGATION DESK | BocaNewsNow.com
BOYNTON BEACH, FL (BocaNewsNow.com) (Copyright © 2023 MetroDesk Media, LLC) — The G.L. Homes community of Valencia Reserve is being sued by a homeowner who claims she was critically injured on fitness equipment that should have been maintained — but wasn’t. The suit names Valencia Reserve Homeowners Association and Total Health Systems as the Defendants. G.L. built but does not run the community.
According to the suit reviewed by BocaNewsNow.com, Paula Shlager was working out on a bench press in the Valencia Reserve gym when the bench press allegedly collapsed, critically injuring Shrager. The equipment, according to the suit, should have been maintained by Valencia Reserve HOA and its fitness contractor Total Health Systems, Inc.
From the complaint just filed with the Palm Beach County Clerk of Courts: “On or about March 8, 2022, Plaintiff, SHLAGER, was working out on the above referenced Cybex bench press at the above referenced community fitness center when the Cybex bench press collapsed due to Defendants’, VALENCIA and TOTAL HEALTH SYSTEMS, failure to properly maintain, inspect, repair, assemble, and warn of or remove said dangerous equipment from service and use by business invitees such as Plaintiff.
That at all times material to this action, VALENCIA knew or should have known that there existed dangerous and defective conditions located on the premises which included, without limitation, a dangerous and/or unsafe bench press, non-compliance with applicable industry standards, created, maintained, and/or controlled by VALENCIA’s employees, agents, representatives, servants, and/or subcontractors. At all times material to this action, VALENCIA’s knowledge of the dangerous and defective conditions was superior to SHLAGER’s; at all times material to this action, VALENCIA had duties to comply with fitness industry standards those designed to protect those business invitees such as SHLAGER; VALENCIA negligently breached its duties by violating a fitness industry standard safety codes, protocols, and/or, warnings, and other measures which would have prevented SHLAGER’s injuries.
The suit states that Shlager sustained life-altering injuries. Her attorneys seek in excess of $50,000 — the statutory minimum for filing in Palm Beach County Circuit Court. Neither the Valencia Reserve HOA nor Total Health Systems immediately responded to the suit through a filing with the Palm Beach County Clerk of Courts.
