Law, Business and Society 11th Edition by Tony McAdams

Exercise 6

Ning Yan went to Gay's fitness center to use a one-week complimentary pass. On each visit he signed in on a sheet that contained a standard exculpatory clause including this language: "I also understand that Vital Power Fitness Center assumes no responsibility for any injuries and/or sicknesses incurred to me.... " On February 18, 1999, Yan fell from a treadmill and sustained a severe head injury. He later died from that injury. No one witnessed that fall. Yan's estate claims that he struck his head against a window ledge because the treadmill was placed too close to the window. If he did strike the window ledge, who would likely win this case Explain. See Xu v. Gay , 668 N. W. 2d 166 (Ct. App. Mich. 2003).