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Can I sue my gym over a broken thumb?

Wylie, TX |

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.

Attorney Answers 8


  1. Possibly. Was the machine faulty or defective? Did the gym know about it? Depending on the gym's insurance coverage, at the least, your medical bills may be covered. Seek an experienced personal injury attorney in your area to discuss further. Good luck.

    The above is general information only and is not legal advice. The information provided does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action. I am not your attorney until we sign a retainer agreement.


  2. Candidly, it doesn't sound like a defect. More than likely it was your use of the machine. Sorry for being blunt. Do, however, contact local and qualified counsel.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff www.nyelderinjurylaw.com


  3. It is possible, but a tough case. You will need to get an attorney to go over the details. A weight should not just fall, so it depends on exactly how it happened, and several other facts.

    This is not legal advice. You should always discuss the specifics of your issue in person with an attorney. Be aware that there are time limits on all claims that depend on the kind of claim, so do not delay in seeking an attorney.


  4. This looks like a tough case. I would make a complaint with the gym and tell them you aren't looking to sue, but rather just to get your.medicals paid. Otherwise you will probably have to sue in justice court on your own. Good luck.

    Know YOUR Rights. Take Action Now. CALL 855-648-4695. Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship. Any statements are made for general informational purposes and do not constitute legal advice. Mr. Crockett is licensed in Texas in Illinois only.


  5. See if the gym has insurance to cover your medical bills.


  6. 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.

    Good luck.


  7. I'm not a Texas attorney (California) but an additional hurdle you may face is that you may have signed a waiver when you joined the gym. I agree with most counsel that this is a difficult case.


  8. If you consult with an attorney about your case, remember to bring the contact you have with the gym. Waiver's of liability for negligence and even gross negligence are not uncommon in gym contracts.

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