Should She Sue?

Question

Okay - here is the story.... My friend joined a gym 2 weeks ago. She was never instructed on how to use the machines. On her second day working out, she was on the Treadmill and couldn't get it to start. She kept hitting the speed button in an attempt to get the belt moving. (She isn't very smart about these things.) When the belt finally began to move - it was registered at 8.6 MPH and it threw her off the machine. She received bruises on her back and a severe burn on her arm. (From the moving belt.) Her worst injury was a gash on her leg, just below the knee. That has now become infected. They gave her an ice pack and told her to go home. She wasn't offered any other medical treatment. She is being told that she will require some minor surgery to drain the wound and will probably miss about 2 weeks of work. She has been in severe pain for about a week. Should she sue and what for? (What grounds and for how much?) She doesn't think she would have a case.... Any advice?

Answer 1

She has no case against the gym. I don't want to sound mean, but it kind of sounds like she got what was coming to her.

Answer 2

Its a question of comparative negligence. Common sense would tell you that if you are not instucted on how to use a big machine that you would go up to a staff member and ask.

At the very least, she can get the gym to pay for her medical bills and depending on the laws in her state she may get other monies also.

Unless this gym has on-staff doctors, why would they be offering her any "medical care"? Common sense says that if you are injured, you go to the doctor or the emergency room. You don't sit around and wait for people to offer "medical care".

Make an appointment with a personal injury lawyer in your area as they can best advise you.

P.S. Signing a wavier does not shield the gym from acts of negligence. And "at your own risk" does not absolve the gym of any negligent acts.

Answer 3

If doesn't sound like she has much of a case. She probably signed a release that shields the gym from most types of negligence. Most states also have a doctrine called "assumption of the risk" the shields places like gyms from liability.

Sporting activities, even using a treadmill, have certain inherent risks. Unless you can show gross negligence or intention misconduct by the gym, it would be very difficult for your friend to recover in most cases.

Also, two weeks of missed work for minor surgery sounds like this would be a small claims matter anyway.

Answer 4

There are some variables to think about here. Did they fail to offer training? If she goes over the papers she signed when she joined there should be something about terms of contract saying what is listed amoung the services in the package she signed up for. Theoretically every package should include instruction. Fact is that the defense is going to say they were never asked for the training. Her argument should be that they had stated it in the contract and therefore she should NOT have had to ask for it. They should have had someone greet her at the door. Who ever it was that had her sign the papers should have been the one to show her around and teach her the equipment or at least have someone do it IMMEDIATELY. Was she instructed not to use any of the equipment until properly trained?
Here's a real important part of the argument. She signed up for a set amount of time weather it be for a month, three months or a year. She paid for the training and no one ever trained her. What was she to do? wait for someone to train her while the time to tone muscle is running out? And now that she was hurt on their malfunctioning equipment (hint hint) and on their premesis she can no longer work for at least two weeks and she also loses two weeks of training and workout time. all because they did not stick to their agreement to properly instruct her. And it is not her job to ask for the instructions, she did that when she signed the dotted line. She could have asked for help but the gym should always be monitored just in case someone who obviously hasn't figured out how to work the machines doesn't get hurt doing their own thing. Hire me as youir attorney. I'm not licensed but I'm inexpensive as heck. Anyway, tell her to get a good lawyer and don't let it slide. She should, at bare minimum, recieve a voucher for a free month or something to make up for it. Oh and if you take legal action go for the throat... make a point that any time someone is seriously injured on your property of a major buisness you are responsible for providing for that person the proper medical attention, not just a friggin ice pack, but an ambulance. a doctor. someone with a knowledge of such things. She has a case and she should take the gym to court. Sue them.

Answer 5

It isn't about the going to sue thing that's important right now, make sure she is seen by a doctor and all medical procedures are documented well, (keep all copies no matter), then on Monday call an attorney for personal injury's and you may have to pay a consultation fee (I doubt it) and get a professional opinion.
We here can hope to help but really you need advice from the one who knows. Best wishes and tell her to get well.

Answer 6

I hate to say it, but I don't think that you have much of a case. Your friend hit the button way too much rather than ask for help, and suffered for it. Although she was never instructed in the machine use, it was her job to find out.

Answer 7

In order to sustain a law suit you must be able to show negligence on the part of the other party, the fact that they did not provide her with any instruction on the machine might be sufficient to show negligence on the part of the gym.

Answer 8

She should consult a personal injury attorney in the state she is located in.

She should take a copy of her gym membership and all gym paperwork with her.

Does the gym have signs that say use at your own risk? She should photograph all signs.

Answer 9

She probably signed a waiver during sign up. She may be able to get some medical help, but I doubt she can sue for monetary damages.

Answer 10

My advice would be to not continue pressing buttons if she has no idea what she is doing. She should have asked a trainer or an employee to show her how to use the equipment.