There are two main types of liability insurance: general liability and professional liability. Both types are designed to protect the owner of the policy from financial loss due to claims of negligence.

Most claims for which professional liability insurance is written arise from carelessness, or professional negligence.

General Liability Insurance

This type of policy protects the owner from conduct known as ordinary negligence.² This form of business liability insurance is the main form of coverage to protect a business from injury claims, property damages, and advertising claims. It protects the owner of the policy from conduct known as professional negligence, or negligence in his or her duties that results in some form of loss to the client.³

Some common sources of claims that general liability insurance covers include libel, slander, or wrongful invasion of privacy. There are many other types of incidents that can give rise to negligence claims, however. A (very) small sampling of these includes: 

• equipment failure or improper equipment maintenance
• incidents involving slips and/or falls
• aggravation of existing injuries (whether known or unknown to the Certified Personal Trainer)
• improper warm-ups

Professional Liability Insurance

Business owners providing services will need to consider having professional liability insurance known as errors and omissions. This coverage protects a business against malpractice, errors, negligence and omissions. Professional liability insurance policies are purchased separately from general liability policies.

Product Liability Insurance

Less commonly mentioned than gene real and professional liability insurance, product liability insurance is something that might apply particularly to the self-employed certified personal trainer. Small businesses selling or manufacturing products should be protected in the event of a person becoming injured as a result of someone using their product(s). The amount of coverage necessary and the level of risk differ based on the type of business.

Who Qualifies?

At one time, professional liability insurance was reserved for physicians and attorneys in the form of malpractice insurance. Times change, and many small business owners now find themselves legally regarded as professionals based on the services they provide. That includes certified personal trainers, who have their own special set of concerns when it comes to their practice and their professional liability. For example, a certified personal trainer gives professional advice by demonstrating and offering instruction on exercises. In this way, the trainer as someone who is holds him or herself as an expert in the field, and a client depends on that expertise. Any loss suffered to the client as a result of a reliance on that expertise is subject to compensation. Most such insurance policies require that a person be qualified in the field in his or her country of residence and practice. Although the definition of "qualified" varies, it more often than not means holding a certification. Typically, a certified personal trainer must show proof of all the necessary professional training and education required to ply his or her trade.

 'Better Shop Around

Many insurance companies offer personal trainer liability insurance policies. One place to check is with the organization by which a CPT was certified. In many cases, organizations that certify personal trainers by may be able to offer special rates on liability insurance for their members. As always, compare these rates and the policy coverage with other companies as you seek the optimal liability policy for your situation. Make sure to examine the policies carefully. One example of the types of situations to consider includes the place of injury: Does the policy in question only cover for injuries a client sustained while on premises? If so, such coverage does nothing if a client injures him- or herself at home, such as when using a video tutorial.

Venue

Since certified personal trainers work in a variety of settings, it is important to first determine both where and how services are rendered. Personal fitness training can occur at a private residence, a health maintenance facility or even remotely by means of video tutorials. For example, if you train outside or travel to a client's home, you exert no control over the environment and might not need as much liability insurance as someone who trains in his or her own gym. If clients use your equipment in either case, however, you could still be held responsible for losses due to ordinary negligence related to that equipment. Personal trainers who work in health clubs may or may not be covered by the gym's personal training liability insurance policy. That's why it is important to determine if this applies at the facility where your work. Some health club employees are included in their employers' general insurance policies, which cover accidents involving maintenance crews, salespeople and personal fitness trainers who are employees of the club. If you work as an independent contractor, however, you may not be covered. Do not presume that you are protected by a general insurance policy in the same way as is an actual employee of the club employees. If you pay rent to a gym where you train, you also likely need personal training liability insurance. So, even if you work at a gym, it may worthwhile to look into carrying your own personal trainer liability insurance.

Some Limitations

Be aware that liability insurance does not protect against everything. That includes accidents that are outside the personal trainer's scope of practice, such as lawsuits that arise from recommendations about nutritional supplements. Most policies will cover all fees and expenses incurred while defending a lawsuit. Unfortunately, every policy contains some type of exclusion, with perhaps the most notable being breach of contract. Many insurers will not pay for claims arising out of a breach of contract, such as the violation of a non-competition clause. It's important to bear in mind that insurance policies are primarily limited to negligence cases, which are based on carelessness, not deliberate intention.

Check Yourself

Although acquiring insurance is essential, it's equally important to be proactive and avoid claims when possible. That includes using protective documentation and watching for potential problems to make corrections before accidents occur. And always remember to learn from experience -- the knowledge could serve you well in the future.

References

1. http://www.sba.gov/smallbusinessplanner/manage/getinsurance/SERV_INSURANCE.html

2. Connaughton, D., & Eickhoff-Shemek, J. 2003. Law for the Health/Fitness Professional: Part II. ACSM's Health & Fitness Journal. 7 (1) 12-16

3. Connaughton, D., & Eickhoff-Shemek, J. 2003. Distinguishing "general" and "professional" liability insurance. ACSM's Health & Fitness Journal, 7 (1), 28-30.

Suggestions for Further Reading

The Legal Aspects: New Standards Statements Legal Considerations for the Fitness Industry. Herbert, David L. J.D.; Eickhoff-Shemek, JoAnn M. Ph.D., FACSM, FAWHP ACSM's Health & Fitness Journal, 14 (3), May/June 2010, pp 31-33

Herbert, D., & Herbert, W. 2002. Legal Aspects of Preventive, Rehabilitative, and Recreational Exercise Programs (4th ed.). Canton, OH: PRC Publishing.

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