I was using a weight machine ( one with the weight stack with the pin). This one had other 5 lbs. weights that hung above & you can slide them down ontop of the stack. I went to put a 5 lbs. weight that was down on the stack up and one of the 5 lbs. that was up fell. It fell on my thumb and broke it.
Yes, you can sue the gym. The Texas constitution guarantees all citizens free access to our courts. This means that anyone can sue anyone, at any time, anywhere, for any reason, for any amount of money and without first proving anything to anyone. However, filing a lawsuit and winning one are two entirely different things. Winning a lawsuit and actually recovering some money are also two entirely different things.
I agree with the other lawyers who have responded that the gym's liability might be very questionable. The other problem I see is that, without meaning to trivialize what you have suffered, unless you have a large loss in terms of earning capacity on account of it, a broken thumb generally would not produce a monetary recovery of sufficient magnitude to make a lawsuit economically feasible to pursue.
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