Is my gym liable for my personal injury? 37 Answers as of February 21, 2012

Failure of proper maintenance is a basis for liability of course. You say they admitted it. curious they would admit such a thing. Do you have it in writing. Do you have an expert to testify about lack of maintenance? Careful with waivers. Careful what you sign. I don't know what you signed. You can be liable for what is called contributory negligence if you did anything carelessly or negligently (basically the same word) yourself. So sue the you-know-whats. Ask for your medical /dental bills, your wage loss and ask for $25000 or so for pain and suffering. Your personal injury lawyer will know what to do. Follow his adv ice.

You can assume the risk of an activity but the owner's or managers have a duty not to commit negligence which would cause you injury. A lawyer would need to look at the release/waiver you initially signed. This not much different than rental of equipment for a dangerous activity such as skiing where the equipment is defective and causes injury. You probably can sue.

if the Gym failed to maintain the equipment in a reasonably safe condition, and you did not cause your own injury by not being careful, then there is a good possibility that the gym would be liable for your injuries.

If there was a malfunction of the equipment due to lack of proper maintenance then you should have a claim. There should be premise liability insurance on the building which would cover an injury such as this. You should be able to collect medical bills, lost wages, and some pain and suffering.

Assume Oregon law applies: A waiver does not apply to the negligence, so if the landlord was negligent in maintaining the equipment, then you may have a cause of action for your damages, medical/dental costs, lost wages and pain and suffering. The value of this lawsuit will depend on the evidence that you refer to as showing the negligent maintenance.

Yes it is possible for you to have a case. What exactly went wrong with the equipment? Have you been in touch with your apartment complex? With their insurance company? You may want to talk to a lawyer PRIOR to talking to insurance company. Feel free to call me or email me.

Yes you can. Malfunctioning equipment is not released when you sign that waiver.

Yes, I believe you can sue. Releases like the one you signed do not protect them from liability for their negligence. I would ask for the contact information from their insurance carrier.

It seems to me that a failure to maintain their gym equipment would be considered negligent, so you should be able to sue them for whatever damages resulted from the injury.If you're suing a landlord, you are probably restricted to the one-year landlord-tenant statute of limitations.It sounds like your injury is fairly recent, so that shouldn't be a problem, but it's a factor you should keep in mind.

You can sue because they failed to maintain the equipment. If you injury yourself while using the equipment and it was properly maintained then there is no case. If you injury yourself because the equipment was not properly maintained then there is probably a case even with signed waiver.

Yes plus for your pain and suffering. The release should be looked at by an attorney.

Yes. They would be liable for your damages.

Yes, you can sue. I have filed similar suits for clients in the past. Please feel free to contact me if you would like assistance with this matter.

Without seeing the waiver you signed it is difficult to advise whether you have a claim or not. Contact an attorney that provides free consultation to show a copy of the waiver, your photos and the medical/dental bills.

I think your friend is probably right, but the answer depends on 1) the language of the waiver agreement you signed, and 2) the law of your particular jurisdiction. In Florida, a waiver that does not specifically release the apartment owner from its own negligence would likely not work to bar your claim. Some states have harsher rules, often passed under the guise of "tort reform," which is corporate code for taking away individual rights in favor of big corporations. In those jurisdictions, even a generic waiver agreement may bar your claim. You should have a lawyer in your area review the waiver you signed and compare it to the law of your jurisdiction, and he or she should be able to tell you whether you have a case. Most personal injury lawyers will give you a free initial consultation and will take your case on a contingency fee basis (they get paid only if you get paid) if they believe it is viable. Good luck.

Based on your description of the facts I believe you have a case. You should be able to recover something for pain and suffering as well.

You have presented a complicated personal injury fact scenario. It would be helpful to know where the accident happened as different states have different laws concerning these types of accidents. Virginia still adheres to the law of contributory negligence and this can be a problem in a case of this type. Of course, you can make a claim for your dental work and lost time, but more facts are needed to figure out liability issues. The waiver issue probably does not affect your claim as there is a responsibility to provide safe equipment. Of course, this assumes that the defect was not obvious and open.

Yes. You may also be able to recover pain and suffering and other damages as well. Please call to discuss.

You might have signed a waiver. However, the specific terms of the waiver would determine what your rights would be. You need to have the waiver examined by an attorney to determine if you in fact gave up your right to sue. Also, an attorney would help you present your claim the best way, to maximize your recovery.

Whether the waiver is valid will depend on the facts of your case and the language in the waiver. You have a serious case and should consult an attorney that specializes in personal injury. I suspect that after an attorney contacts the gym and/or their insurance carrier they will be changing their tune. At this point they are probably trying to brush you off to see if you will just go away without a fight.

You can. This shows how insurance companies will misrepresent the law to a claimant, hoping they will just go away.

You need to look at the waiver but it appears you may have a claim. you should consult with an attorney in your area to explore further.

Yes. You cannot waive claims for their negligence in advance. You still have a claim to pursue. Because some claims may fall under the Landlord-Tenant Act, it is critical that you speak with an attorney as soon as possible due to very short timelines for bringing a claim.

Yes you can. Either hire an attorney or sue in small claims court.

Yes, you sure can. I would ask them for their liability insurance information, and you may be able to get reimbursed by their liability insurer without involving a lawyer.

Under the facts you have given, yes, you probably have a viable claim against your landlord. Generally, waivers like the one you describe do not waive liability for a landlord's own negligence.