The Louisiana First Circuit Court of Appeal ruled that franchisors are not automatically liable for injuries at franchise locations. In Flynn v. Anytime Fitness, the court held that a franchisor must exercise day-to-day operational control or have direct custody over defective equipment to be held responsible for a franchisee’s negligence.
This decision establishes that franchisors who collect royalties and maintain brand standards, without controlling daily operations, cannot be held liable when franchisees violate franchise agreements and cause customer injuries.
Case Background: Equipment Failure Causes Severe Neck Injuries
On November 17, 2019, William Flynn sustained severe injuries to his neck while using an inversion table at the Thornhill Brothers Fitness location in Port Allen, Louisiana. The equipment collapsed during use, causing neuromuscular injuries.
The Thornhill gym operated as an Anytime Fitness franchise and had been in business since November 2013. In early 2017, Thornhill purchased the inversion table from Craigslist, a used piece of equipment bought from a third-party internet seller. This purchase directly violated the Anytime Fitness franchise agreement, which required:
- All equipment to be brand new
- All equipment to be purchased from designated suppliers
- Compliance with equipment standards
What the Plaintiffs Claimed
The plaintiffs filed suit against three parties:
- Anytime Fitness, LLC (the franchisor)
- Thornhill Brothers Fitness, LLC (the franchisee operating the gym)
- Markel Insurance Company (the franchisee’s insurer)
The claims against the franchisor were based on:
- General negligence
- Custodial or premises liability
- Vicarious liability under respondeat superior
The plaintiffs argued that Anytime Fitness should be held liable because the franchisor exerted some control over the franchisee’s operations through the franchise agreement requirements.
The Trial Court’s Decision
On March 9, 2022, the 18th Judicial District Court granted summary judgment in favor of Anytime Fitness. The trial court dismissed the plaintiffs’ claims with prejudice, finding that the franchisor did not have sufficient control to establish liability. The plaintiffs appealed this decision to the Louisiana First Circuit Court of Appeal.
The Appellate Court’s Ruling on Franchisor Liability
On December 29, 2022, the Louisiana First Circuit Court of Appeal affirmed the trial court’s judgment in Flynn v. Anytime Fitness, LLC, 360 So.3d 860 (La. App. 1st Cir. 2022), Case No. 2022-CA-0742.
The court applied Louisiana Civil Code Articles 2315, 2317, and 2317.1, which govern negligence and premises liability in Louisiana. The court found that the plaintiffs failed to establish that Anytime Fitness had custody, control, or “garde” (a Louisiana legal term meaning legal responsibility for the care and control) of either the inversion table or the Thornhill gym premises.
Why Anytime Fitness Was Not Held Liable
Lack of Day-to-Day Control
The court found that Anytime Fitness did not exercise day-to-day control over Thornhill’s operations. Specifically, the franchisor:
- Did not hire or schedule employees
- Did not pay employee salaries
- Did not manage daily gym operations
- Did not make decisions about equipment purchases after the initial opening
The franchise structure operated through a licensing arrangement. Anytime Fitness granted Thornhill permission to use its trademarks and received set royalty fees. This trademark licensing and royalty collection alone did not establish the level of control necessary for liability.
No Custody Over Equipment or Premises
The evidence demonstrated that Anytime Fitness lacked custody or “garde” over the defective equipment:
- Did not own the building or land where the gym was located
- Did not own the inversion table
- Did not select or approve the inversion table purchase
- Did not maintain the inversion table
- Did not require Thornhill to purchase the specific inversion table
- Did not purchase or finance any fitness equipment for Thornhill
The franchise agreement required Anytime Fitness to inspect the Thornhill facility within 180 days of its opening in November 2013. However, Thornhill purchased the inversion table in early 2017, more than three years after the gym opened and well outside the inspection window. The court determined this inspection requirement did not establish ongoing custody or control over equipment purchased years after the franchise opened.
Key Takeaways for Louisiana Premises Liability Cases
- Franchisors are not automatically liable for franchisee negligence
- Day-to-day operational control is required to establish franchisor liability
- Custody or “garde” over the defective equipment or premises must be proven
- Brand licensing and royalty collection alone do not establish liability
- Franchise agreement violations by the franchisee do not transfer liability to the franchisor
- Inspection requirements do not create ongoing custody over equipment purchased after inspections
When Can a Franchisor Be Held Liable?
Under Louisiana law, a franchisor can be held liable for injuries at a franchise location only when the plaintiff proves:
- Direct control over the specific instrumentality that caused the injury, or
- Day-to-day operational control over the franchisee’s management procedures and activities, or
- Custody or “garde” over the defective premises or product, or
- Control over hiring, scheduling, or supervising employees, or
- Control over equipment selection, approval, maintenance, or requirements, or
- Ownership of the building or land where the injury occurred
Without establishing at least one of these elements, a franchisor cannot be held liable for a franchisee’s negligence, even when the franchisee violates the franchise agreement.
This standard is consistent with other Louisiana premises liability cases, which require plaintiffs to demonstrate that the defendant had actual custody and control over the location or instrumentality that caused the injury.
The Legal Foundation: Louisiana’s “Garde” Doctrine
Louisiana’s unique “garde” doctrine comes from Louisiana Civil Code Article 2317, which states: “We are responsible, not only for the damage occasioned by our own act, but for that which is caused by the act of persons for whom we are answerable, or of the things which we have in our custody.”
Article 2317.1 further establishes that “the owner or custodian of a thing is answerable for damage occasioned by its ruin, vice, or defect” only when they knew or should have known of the defect, the damage could have been prevented with reasonable care, and they failed to exercise such care.
In the Flynn case, the court concluded that Anytime Fitness was neither the owner nor custodian of the inversion table, and therefore could not be held liable under these provisions.
What This Means for Injury Victims
If you’ve been injured at a franchise location in Louisiana, understanding who has legal responsibility is crucial for recovering compensation. The Flynn v. Anytime Fitness decision demonstrates that:
- You may need to pursue claims against the franchisee (the actual location operator) rather than the national brand
- Investigating the franchise relationship’s specific structure is essential
- Evidence of the franchisor’s actual control over daily operations matters
- Franchise agreement violations by the franchisee do not automatically create franchisor liability
However, each case depends on its specific facts. Some franchisors maintain more operational control than others, and the level of control determines liability.
Injured at a Louisiana Gym or Franchise Location?
If you’ve been injured at a gym, restaurant, retail store, or other franchise location in the Baton Rouge area, the experienced personal injury attorneys at Melancon, Rimes & Daquanno can help determine who is liable for your injuries.
We have successfully handled complex premises liability cases throughout Louisiana’s parishes, including East Baton Rouge, West Baton Rouge, Ascension, Livingston, Iberville, and surrounding areas. With over 50 years of combined experience and a proven track record, having lost only one trial in 20 years, our partners personally manage every case from start to finish.
Contact us today for a free consultation. Call (225) 303-0455 to speak directly with an experienced partner about your case. We work on a contingency fee basis for personal injury cases, you pay nothing unless we win.
Case Citation: Flynn v. Anytime Fitness, LLC, 360 So.3d 860 (La. App. 1st Cir. 2022), Case No. 2022-CA-0742. Read the full court opinion.
Court: Louisiana First Circuit Court of Appeal
Decision Date: December 29, 2022