Fitness Injury
I am a personal trainer. In doing a fitness retreat at a resort, I had a group of people performing squats with resistance bands. The resistance bands were wrapped around trees. One of the bands snapped and the client fell back. When asked if she needed medical attention, she declined. Later in the day she came to a lecture as well as a very intense 90 minute sports conditioning workout. She did not complain of any pain and I asked her numerous times whether there was pain or discomfort. She said her hand was fine. That evening I saw her at dinner and she was asked by another guest how her hand was and she said it was fine.
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I should also add that she is maintaining in her credit card dispute that the instructor caused this incident and that she is not satisfied with the outcome which is why she is disputing the charge. In addition, I have 8 witnesses who all say that the instructor was thorough, safe and was correcting form and also tried to correct this clients form a number of times and she did not listen. Attorney answers (3)
Yes, you should see a lawyer, and you should follow the instructions given.
By all means document, document, document. If you can, get statements including names, addresses, phone numbers, etc., from each of your 8 witnesses. Now what is the likelihood of suing? Anyone who has about $300 can go to the courthouse and file a suit in is called "in proper persona". Can she get a lawyer to represent her in this claim? That depends on how well she tells her story to him! But it sounds to me like she may have a product liability claim against the device manufacturer. 1 person marked this answer as good
Christian K. Lassen II, licensed in Pennsylvania and New Jersey
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Not only should you seek legal counsel and follow his or her advice, but you should immediately report this incident to your general commercial liability insurance carrier. You did not state whether or not you were working as an independent contractor for the resort (which would suggest that you carry your own insurance) or whether you were an employee and therefore possibly covered under the resort's insurance. This is something that you and your attorney should investigate. The failure to timely report an incident to an insurance company may result in a possible denial of coverage later on. Further, to the extent that you have witnesses, you should attempt to obtain signed written statements or statements under oath from all of them. As to the likelihood of suing, anyone with $300 can file a lawsuit. The more likely scenario is that this woman will file a claim against whomever's insurance carrier may be responsible for their careless or negligent acts. Many times it is easier to secure a settlement from an insurance company than it is to actually file a lawsuit. That is why you must promptly report the claim and why you should obtain witness statements to dispute the claim if filed. Best of luck!
1 person marked this answer as good
Christian K. Lassen II, licensed in Pennsylvania and New Jersey
Did you have liabilty coverage? If so, report this incident to your insurance company immediately. Your insurance company should hire you an attorney, at no charge to you, to handle this case on your behalf. Do not make any statements to anyone other than your attorney. You can assist your lawyer by gathering all documents in your possession regarding this incident, including the names/addresses/phone number of the witnesses, and providing this to him or her promptly.
Good luck! 1 person marked this answer as good
Christian K. Lassen II, licensed in Pennsylvania and New Jersey
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