Gym, Massage, Spa

Chemical over-treatment of pool or jacuzzi water can cause skin and mucous membrane burns, while under-treatment can cause rising levels of bacteria and pathogens, leading to bodily injury claims.

Mold growth can result from water and wastewater releases into building materials and subsurfaces due to leaks, overflows, poorly installed building materials, and blocked drains or pipes. Mold may also develop in water systems, such as refrigeration or HVAC, and indoor pools, showers, and water features due to improper maintenance, dehumidification, or ventilation. Mold growth can result in cleanup liability and pose health hazards to third parties.

Older buildings may contain asbestos, lead, and PCBs. Asbestos-containing material (ACM) can be found in ceiling and floor tiles, wiring insulation, and structural steel fireproofing. PCBs can be found in areas such as window caulk and light ballasts, and lead could be present in paint or pipes. Claims may result from accidental disturbance or alleged exposure during renovation, construction, or interior remodeling.

Pool chemicals, disinfectants, cleaning solutions, insecticides, and building maintenance chemicals may be stored and used on-site. Spills, leaks, or improper mixing of incompatible materials can result in environmental cleanup and third-party liability.

“Sick Building Syndrome” can occur when occupants suffer health problems while in a building. Exposures can include lead, mold, and bacteria; chemicals stored on-site or found in building materials; combustion products such as carbon monoxide; or volatile organic compounds, which can be emitted from various sources, including routine cleaning, equipment operation, and building maintenance.

From the 1960s through the early 2000s, mercury in the form of phenyl mercuric acetate was used as a catalyst in rubberized polyurethane flooring applications, including school gyms, athletic facilities, running tracks, etc. Polyurethane floors are rubber-like and water-resistant. Flooring containing more than 1,000 parts per million of phenyl mercuric acetate has the most likely risk of releasing mercury vapors at levels of concern to people. The concentrations of vapors released increase with temperature, lack of ventilation, or damage or deterioration of the flooring. Items in contact with the floor, the ventilation system, and other items in a room with mercury-containing flooring may also become contaminated with mercury vapors and dust.

Collected wastes, including fluorescent light fixture ballasts, fluorescent light tubes and bulbs, paints, chemicals, insecticides, grease waste, and construction debris containing asbestos, lead, or PCBs, may be hazardous or require special disposal procedures. Improperly segregated and disposed of wastes can result in regulatory fines for the generator and lead to cleanup and environmental tort liability.

Massage parlors, spas, and gyms can be breeding grounds for dangerous bacteria if operators fail to adequately disinfect and clean massage chairs, mats, lockers, showers, and other commonly used areas. Patrons could sue the facility for bodily injury, and the facility may incur remediation and decontamination costs, as well as business interruption, as a result of an infection.

Carbon monoxide is a poisonous, odorless, colorless, and tasteless gas that often goes undetected, and it can cause asphyxiation if released in an enclosed space. Carbon monoxide fumes can be generated from defective or improperly maintained equipment, such as heating systems, water heaters, pool heaters, etc. Gyms, massage parlors, and spas may have equipment that generates carbon monoxide fumes.