Can I sue my gym over a broken thumb?

Asked over 1 year ago - 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. Richard Kurt Arbuckle

    Pro

    Contributor Level 18

    8

    Lawyers agree

    Answered . 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... more
  2. Matthew C Simon

    Pro

    Contributor Level 18

    8

    Lawyers agree

    Answered . 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-... more
  3. Jeffrey Mark Adams

    Contributor Level 20

    7

    Lawyers agree

    Answered . 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... more
  4. Brian Heath Crockett

    Pro

    Contributor Level 16

    5

    Lawyers agree

    Answered . 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... more
  5. Christian K. Lassen II

    Pro

    Contributor Level 20

    4

    Lawyers agree

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

  6. Don Karotkin

    Contributor Level 16

    1

    Lawyer agrees

    Answered . 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. Paul Hilmon Cannon

    Contributor Level 13

    1

    Lawyer agrees

    Answered . 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.

  8. Kael Matthew Briski

    Contributor Level 3

    1

    Lawyer agrees

    Answered . 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.

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