FinalStageBoss
Banned
But yes sue the gym, may get your bills paid for tbh
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Gym related injury. Need your help Law GAF
- Thread starter FoxnHurley
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But yes sue the gym, may get your bills paid for tbh
If you just want reimbursement for medical bills and not money for pain and suffering there is no need for a lawyer. Talk to the owner/manager and he may be willing to pay your bills to get it all over with. If not, try mediation or small claims court. A lawyer for such a small thing is a waste of money.
I'll bite. Assuming I'm the manager of the gym, my defense would be.
- You signed up to carefully use the gym equipment to prevent injuries.
- We are not aware that there are people who misuse gym equipment
- The people who used the gym equipment might not know it was being misused as the exercise is part of their routine
- The treadmill was turned on by other gym members, not the employees.
- The gym operated normally, as there are no defective equipment
- The accident was caused by you not seeing the treadmill running and the members that are leaving the treadmill running. The gym has no control over that.
Going by this thread response, you are fighting a losing battle. If you don't win, you lose time and money. Also, you might:
- Be banned at the gym as they may see you as unfit to workout
- Not banned at the gym, but continue seeing those assholes misusing the gym equipment.
- You signed up to carefully use the gym equipment to prevent injuries.
- We are not aware that there are people who misuse gym equipment
- The people who used the gym equipment might not know it was being misused as the exercise is part of their routine
- The treadmill was turned on by other gym members, not the employees.
- The gym operated normally, as there are no defective equipment
- The accident was caused by you not seeing the treadmill running and the members that are leaving the treadmill running. The gym has no control over that.
Going by this thread response, you are fighting a losing battle. If you don't win, you lose time and money. Also, you might:
- Be banned at the gym as they may see you as unfit to workout
- Not banned at the gym, but continue seeing those assholes misusing the gym equipment.
Bolivar687
Banned
No one here can give you legal advice, only your lawyer can do that but I can discuss some of the general concepts here.
It all comes down to whether a reasonable person would also think the treadmill was off. That depends on the 1) treadmill itself - does the belt have any lines or insignia, are they perceptible moving at high speeds, are the numbers normally lit up when it isn't moving, were the numbers on the display visible, did they look like they normally do when it's at rest; and 2) The gym - was it loud at the time this happened, does it drown out the sound of the treadmill running, are any shakes or vibrations imperceptible?
The gym offers you a facility to come work out and provides you the equipment to do so. They are 100% responsible for ensuring that the premises and equipment are safe and not being misused, no matter what waivers they make you sign or what GAF thinks or tells you.
This is a negligence case but the gym cannot be held liable for the unforeseeable acts or ommisions of third parties - namely, your own negligence if it was that obvious, or the negligence of the idiots who left it on or unattended.
Don't get your hopes up, you may just want to come to terms that it might have been entirely your fault but if all you want is to cover your medical costs and get those guys kicked out, the gym may be willing to settle along those lines to resolve the issue and keep you happy.
It all comes down to whether a reasonable person would also think the treadmill was off. That depends on the 1) treadmill itself - does the belt have any lines or insignia, are they perceptible moving at high speeds, are the numbers normally lit up when it isn't moving, were the numbers on the display visible, did they look like they normally do when it's at rest; and 2) The gym - was it loud at the time this happened, does it drown out the sound of the treadmill running, are any shakes or vibrations imperceptible?
The gym offers you a facility to come work out and provides you the equipment to do so. They are 100% responsible for ensuring that the premises and equipment are safe and not being misused, no matter what waivers they make you sign or what GAF thinks or tells you.
This is a negligence case but the gym cannot be held liable for the unforeseeable acts or ommisions of third parties - namely, your own negligence if it was that obvious, or the negligence of the idiots who left it on or unattended.
Don't get your hopes up, you may just want to come to terms that it might have been entirely your fault but if all you want is to cover your medical costs and get those guys kicked out, the gym may be willing to settle along those lines to resolve the issue and keep you happy.
Iorv3th
Member
If you sue you will win. They will likely settle it out of court. The gyms insurance will pay the settlement.
Shit happened at a place I worked at where it was clearly the person misusing equipment and injuring themselves by not following directions. They shouldn't have even had a case at all, yet the insurance company still settled it.
Shit happened at a place I worked at where it was clearly the person misusing equipment and injuring themselves by not following directions. They shouldn't have even had a case at all, yet the insurance company still settled it.
highrider
Banned
Yeah, you don't have any case that I could discern. I would recommend small claims court if you are determined to have someone take financial responsibility for your medical bills, but again, I think you have no case for negligence. I'm sure your attorney will tell you the same.
I can't imagine a scenario where you could win a claim against the gym. Also, I'd be extremely skeptical of any attorney that tells you otherwise. Be very careful here OP. If you singed a membership contract with the gym, there's a decent chance there's an attorney's fees clause in there. Meaning there's a possibility that if you sue them and lose (which would be likely based on the facts), you could end up on the hook for all of the gym's legal fees. You'd basically be gambling on them giving you money just to make you go away, but you never know if you'll end up being the case they decide to take a stand on, out of principal.
Dude Abides
Banned
Since your hand doesn't work be sure to include a claim for loss of consortium.
Should have had your stunt double take the fall. Trigger warning.
Holy shit I forgot all about this.
I'm not saying the OP will win, nor am I a lawyer, but I think a big point is that the gym had a supervisor on shift, who watched the whole thing. I really think part of the issue here is whether or not the gym has any responsibility to ensure the safety of the gym members while they're operating the equipment. By having a supervisor present, I would argue that they themselves believe they do.
Now, even if they do have some responsibility, the next question would be if there was any reasonable belief by the supervisor that what was going on was unsafe, and I don't know enough about the other members' operation of the devices to know whether it was 'unsafe' or not.
TheFuzz
Member
Omg what is this from? Is that a grown man taking the bump?
EatinOlives
Member
It's not so open-and-shut. The two members were operating the equipment in an unsafe manner, and I'm certain they have rules against members leaving equipment running without them actively using it. And yet the supervisor has seen them do it, multiple times, and still didn't stop them.
Like another poster said, they'll likely settle. OP has enough of a case to have them settle.
Consulting was the right move, but as others have said this will likely fall back on you for not checking as improper use of equipment or some such.
It would also depend on what the gym rules are about them using the equipment in such a manner.
Financially this could be bad if you brought a case and lost.
It would also depend on what the gym rules are about them using the equipment in such a manner.
Financially this could be bad if you brought a case and lost.
Agent_ShortBus
Member
Did you read the contract you signed when you signed up for the gym? Might want to check it out to see if there's anything you can even do unless you signed something that says the gym is not at fault for any injuries
AdventureRacing
Member
I think it's from one of the last seasons of dexter. Haven't watched the last few seasons but I remember seeing the gif. Laughably bad.
Or the gym would just make a rule that you have to turn off treadmills when you're not actually using them. Hell, I'm surprised there wasn't a rule that you have to wear the safety clip when using the treadmill, as that would have prevented this injury and injuries if someone falls/slips when using a treadmill.
SaganIsGOAT
Junior Member
May I just ask, what was your level of conscious attention to your surroundings? Were you paying full attention and STILL unable to hear and see that this machine was operating? If you had headphones in I can understand why you wouldn't hear the machine operating.
On the visual side all of these pieces of powered gym equipment have lit up control panels, so this one being on would be lit up and obvious from a quick glance there that it was running. Were you not looking at the machine before you stepped on it?
On the visual side all of these pieces of powered gym equipment have lit up control panels, so this one being on would be lit up and obvious from a quick glance there that it was running. Were you not looking at the machine before you stepped on it?
Missed that part about the supervisor. So it would boil down to if how the equipment was used. While the act of using multiple treadmill is unusual, it might be normal for those people who use it like that. I think I heard a name for the unusual workout routine like that.
Well, I think you should not go with suing. You might have a better chance in settling it with the gym and call it a day.
SaganIsGOAT
Junior Member
Treadmills can be a great way to improve your top speed sprint, but it requires you to
1. Have the treadmill hauling ass already
2. You stepping on the side rails
3. Full understand that tripping is going to hurt, but if you were to trip while running on a track that would suck too soooooo
4. Get off and on the treadmill while it is running
This is not a super uncommon thing at the gym. I have done farmers walk workouts where you hold your heavy dumbbells and then walk onto the already running treadmill.
Unfortunately I can't speak as to how OP failed to notice the lit up console on the machine that is always an immediate indicator it is on....
pizzaparty
Member
Savage.
Tort law varies from state to state in the US, so posting the country wouldn't be narrow enough.
MaizeRage25
Member
I fail to see how this is the gym's fault.
Sucks you got hurt but it was your own fault.
Sucks you got hurt but it was your own fault.
I don't know what state the OP is from, but where I live, the gym only has a responsibility to ensure that it's equipment isn't defective and to warn of any dangerous condition it has notice of in a sufficient amount of time to give a warning. Even if a supervisor watched what happened, it's doubtful there was time to warn the OP. It sounds like the first user had just gotten off. Also, the supervisor wouldn't have had a reason to anticipate the OP would get on the machine, while it was still going...without realizing it was still going. There's a general common law principle that no obligation to warn against an "open an obvious" danger exists, because an obvious danger is it's own warning. There's a really good argument here that the running machine was "open and obvious."
California-licensed attorney here and have experience in personal injury litigation. Your claims might actually be legitimate - DO NOT let casual observers influence your decision about whether you have a potential case. I highly recommend consulting an attorney in-person and explaining the situation. Most PI attorneys work on contingency (and will give you a 30min-1hr free consultation), so there's really no risk. Even if your case isn't "great" it may be enough to force a quick settlement.
Go for it.
Go for it.
Really? Wow did not know this, drastically? Even more reason to post your location when asking for legal advice.
Night.Ninja
Banned
always one
Zalusithix
Member
It's statements like this that makes people hate lawyers you know. "Yeah, even if it really was mostly your fault, we can get the other guy to pay enough that we go away!" =P
You can pursue legal action or just learn to tell whether or not a treadmill is on.
The idea that you'd pursue legal action for such a small thing really makes my skin crawl, OP. I gotta be honest here man. I get that it's embarrassing but dude... but damn. Maybe I missed a post where this is going to cost you time at work or in a hospital?
Besides, if this gym is anything but a backyard barn then they probably had you sign a whole bunch of paperwork when you signed up which would abdicate them from responsibility for your injuries sustained due to misuse of equipment. (Which is what it is when you don't look to see if a treadmill is on.)
The idea that you'd pursue legal action for such a small thing really makes my skin crawl, OP. I gotta be honest here man. I get that it's embarrassing but dude... but damn. Maybe I missed a post where this is going to cost you time at work or in a hospital?
Besides, if this gym is anything but a backyard barn then they probably had you sign a whole bunch of paperwork when you signed up which would abdicate them from responsibility for your injuries sustained due to misuse of equipment. (Which is what it is when you don't look to see if a treadmill is on.)
thelatestmodel
Junior, please.
I guess in America you can sue your gym for stepping on a moving treadmill?
You've got no chance at all of winning, just learn and move on.
You've got no chance at all of winning, just learn and move on.
Emerson
May contain jokes =>
Sounds like your own fault.
Also your injuries are nebulous. You've got friction burns to your arm and leg (relatively meaningless from a medical and liability standpoint), the cost of an X-ray, (less than $200), and "something wrong with my hand," which is nonspecific and may not even require further treatment.
You really gonna go to court over like 300 bucks when you at the bare minimum contributed equally to your own injury?
Also your injuries are nebulous. You've got friction burns to your arm and leg (relatively meaningless from a medical and liability standpoint), the cost of an X-ray, (less than $200), and "something wrong with my hand," which is nonspecific and may not even require further treatment.
You really gonna go to court over like 300 bucks when you at the bare minimum contributed equally to your own injury?
Dr.Guru of Peru
played the long game
Honestly, unless you went to the ER or something stupid your medical bills are not going to be worth the cost of the attorney. Xrays aren't that expensive and assuming nothing is broken, you probably won't require any medical care beyond the initial check up.
I do but at home.
I rather buy some equipment myself and do some workouts at home.
Anyway op you should take this against those 2 members to pay your health bills if you have no insurance. The gym has nothing to do with this those 2 members left it on not the gym but you might can get a compensation for your bills if you have those because you could not tell the machine was running.
Try and talk to the gym owner first and look at the Tos/contract you signed.
After that if you get no solution or find nothing about injury coverage or compensation etc go to those 2 members.
If that not works meh. I do agree that those members or the gym should cover your health bills because you could not tell it was running and there should be a button or lamp that shows that it is turned on Imo for safety.
I am no lawyer but i think it's the best to first read the contract etc before you contact one because you might waste money on a lost case.
jts
...hate me...
It's a hazard to leave a treadmill unattended at full speed. You may be at fault, but clearly, so is someone else. If it's the gym or the member, or both, that's up to the law to decide, but in my opinion you are in your complete right to seek compensation for an accident you suffered that originated from someone else's mistake.
Angry Grimace
Two cannibals are eating a clown. One turns to the other and says "does something taste funny to you?"
Almost all gyms disclaim liability for garden variety negligence.
You'd need to prove gross negligence to win, e.g. more than one person fell off the treadmill or were injured by equipment operated by the dudes who left it on or that the gym knew other people were abandoning machines while employing similar training methods.
Thebeardofknowledge
Banned
GoldenEye 007
Member
Louisiana I think uses civil law basis versus common law in private law issues such as this. As a notable example.
N° 2048
Member
Seriously, I don't know what gym it was either but if it's a mom and pop owned gym then things like this can really hurt them (potentially put them out of business) just because of OP's ignorance and lack of common sense. Nothing I have read so far makes it the gyms fault.
Some people are "sue crazy"though...
Next step for OP:
Pay for your own damn mistakes.
I want similar advice. I hired a personal training service (not a gym, but they own the equipment) and they pushed me too hard on a squat set and I injured my back. Lost 2 months of working out, saw several doctors and got injections in my spine. They never made me sign a waiver to use the service and they definitely caused my injury. There's no guarantee my discs will permanently heal from the bulging caused by the injury. Should I get a lawyer?
If there's anything for me to take from this thread is that you can bet your ass I'll be more careful when stepping on unattended treadmills from now on. I mean, your brain most likely immediately assumes an unattended treadmill is not running, so the chances of you stepping on it without really looking hard into it are not zero, in fact I've probably done it before and didn't really notice because my brain just assumed it was off and never thought of it being on and running, coupled with no noise from the treadmill. It could happen, a very rare occasion. Legally I don't really have any idea what you could do.
NervousXtian
Thought Emoji Movie was good. Take that as you will.
Just because they say you assume responsibility, it doesn't mean they can't be liable if something is unsafe.
It really would come down to whether it'd be reasonable for a person to assume the treadmill was off when it was on full speed.
If it was reasonable to assume this, that'd could be liable as the equipment is unsafe, and no argument of personal liability would matter.
I mean, if you don't have insurance, and are going to miss work and whatnot, I'd pursue it.. if it's not negatively effecting you financially I'd let it go.
It really would come down to whether it'd be reasonable for a person to assume the treadmill was off when it was on full speed.
If it was reasonable to assume this, that'd could be liable as the equipment is unsafe, and no argument of personal liability would matter.
I mean, if you don't have insurance, and are going to miss work and whatnot, I'd pursue it.. if it's not negatively effecting you financially I'd let it go.
Huh? So even though he saw them using another machine he should still ask if they were using the other "empty" ones? Doesn't sound logical to me. That is of course considering he didn't see they were on.
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