On March 11, 2008, plaintiff Henri Wassilian, an unemployed 65 year old, went to an L.A. Fitness in the San Fernando Valley to use its dry sauna. Wassilian claimed that while he was in the sauna, another patron threw buckets of water on the sauna coils, causing excessive steam and heat. As a result, he allegedly lost consciousness and suffered second and third degree burns to his head, back and arms from the sauna wood getting too hot. Wassilian sued L.A. Fitness International LLC; the manufacturer of the sauna, Saunatec Inc., which was doing business as Helo Oy; the installer of the sauna, Apex Sporting Goods Inc., which was doing business as Apex Wine Cellars & Saunas; the electrical contractor, R.W. Electric Inc.; and the general contractor, Sepulveda Commercial Development Corp. He alleged that the defendants failed to properly repair and maintain the sauna, creating a dangerous condition. R.W. Electric and Sepulveda were each granted motions for summary judgment and dismissed from the case, and Saunatec and Apex agreed to confidential settlements with Wassilian prior to trial. Thus, the matter proceeded to a jury trial against L.A. Fitness only. Wassilian contended that L.A. Fitness negligently used, operated and maintained the sauna, in that it failed to conduct reasonable inspections and allowed the sauna to get too hot. The plaintiff’s sauna expert opined that Wassilian lost consciousness as a result of steam generated by another patron throwing multiple buckets of water on the coils. L.A. Fitness claimed that Wassilian was bound by the express release and waiver of liability provision contained within the Membership Agreement. It also claimed that its employees conducted reasonable inspections of the sauna and cleaned it multiple times throughout the day. L.A. Fitness further claimed that, most notably, there were no prior similar incidents and/or complaints of the sauna getting too hot, either at the subject facility or at any other L.A. Fitness facility. It claimed that, in fact, within days of the incident, there were complaints that the subject sauna was not getting hot enough. Defense counsel asserted that this was a case of no liability, contending that L.A. Fitness properly maintained the sauna and that there were clearly visible warning signs posted outside of the sauna, warning patrons with health conditions of the dangers of using it., Wassilian was taken from the scene of the accident and brought to an emergency room. He claimed that he incurred second- and third-degree burns to nine percent of his body, specifically to his head, back and arms. He ultimately underwent two skin graft procedures to treat his . Wassilian claimed he was left residual scars on his head, upper back and arms, but he acknowledged that he has mostly healed from his and will not require any future care. Thus, he claimed $31,000 in past medical costs and asked the jury for $3 million in total damages, including recovery for his past pain and suffering. Defense counsel argued that Wassilian failed to present evidence that a causal link existed between any act or omission on the part of L.A. Fitness and his , allegedly resulting from his use of the sauna. Counsel further argued that evidence showed that Wassilian may have been trying to hurt himself in the sauna. In addition, defense counsel contended that Wassilian assumed the risk of using the sauna in light of his known heat sensitivity and use of medications that cause drowsiness.