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Concussion, severe head and back aches from fall at gym. Are they liable for medical care?

Issaquah, WA |

When I started slipping I tried to jump off of the treadmill but it was only a few inches from the next treadmill. I ended-up being smashed into the elliptical behind me as it was also close. My head was smashed onto the treadmill and I was pinned between the two machines. Are there laws regulating how close equipment can be? My head is still throbbing almost 48 hours later and I am having severe spine/back pains. Several members of the gym came to advise me to seek medical attention and the gym didn't help at all. I feel that I need treatment but can't afford the medical bills. Do I have a case here against the gym?

Attorney Answers 4


If the treadmill was defective, they might be a case, but equipment close together would unlikely constitute negligence.

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This happens a lot. I have not been able to find anyone liable in these cases if the equipment functioned as it was suppose to at the time. If the equipment malfunctioned or had been repaired wrong, you might have a case. Is medical payment available from the gym. Talk to local attorney who can advise if different laws in your state.

The information provided on this website is for general information purposes only. The attorney is licensed in the State of Alabama. No answers or information on this site should be taken as legal advice for any individual case or situation. This information does not create an attorney-client relationship.

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Whether arrangement of equipment can constitute neglience will depend on industry standards. You'll have to research that. If the treadmill was defective you would have a more straighforward case. Regardless of whether you have a case against the gym, seek medical treatment if you still feel symptoms. The potential consequences of not getting checked out are too high, especially if you hit your head. Get your witnesses and try to negotiate a settlement with the gym if they're receptive.

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First and foremost, I hope that you have had some medical treatment for your injuries. If not, you should seek medical attention immediately.

Your question brings into question several important areas of law. In cases such as this, a personal injury attorney would analyze under premises liability cases and holdings, but also review the facts and circumstances under potential theories of product defect law, whether there were adequate warnings, and law that may apply to sports/gym facilities. Finally, aid and assistance of employees, safety regulations, etc. should be reviewed against the gym's policies and procedures.

It is possible that you have a case, but the entire episode needs to be analyzed thoroughly in order to determine your best course of action.

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