Capri v. L.A. Fitness International, LLC

In Capri v. L.A. Fitness International, LLC (2006) 136 Cal.App.4th 1078, the plaintiff fell on a swimming pool deck at his health club. His negligence per se contention was that the club had violated various provisions of the Health and Safety Code, part of a detailed regulatory scheme concerning safety at public swimming pools. The holding of the case was that a release and waiver of liability in the membership agreement fell under the prohibition of Civil Code section 1668, which provides that " 'All contracts which have for their object, directly or indirectly, to exempt anyone from responsibility for ... or violation of law, whether willful or negligent, are against the policy of the law.' " (Capri v. L.A. Fitness International, LLC, supra, 136 Cal.App.4th at pp. 1082-1083.)