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.

Later that same evening I received a call from hotel security (9:30pm) that she had filed an incident report but that she had again declined medical treatment.

The next morning, I saw her at breakfast and she told me that her hand hurt and so did her back. I let her know to please let me know if she needed anything at all and that if she felt necessary to go to the doctor. I looked at her hand and there was little to no swelling.

She went to the hospital and the doctor said she had a sprain but there were no broken bones, etc and the next morning she told several people that she was feeling much better. The doctor gave her a milk pain killer but did not give her any type of sling or cast, etc. She actually made her own sling out of a leopard print scarf and wore her hand way below her waist. Most people know that any type of sling or injury assocated with inflamation in the hand is going to require raising the hand above the heart.

The next morning I was conducting the weigh out at the time so she told several guests to tell me thank you for the week and that she had a great time.

She had been speaking to several people in the week about possibly suing a trucking company for an accident that she had had months prior. Obviously, I'm pointing this out because she already had the word "sue" on the brain.

I have 8 witnesses to the fact that she first of all, worked out without any pain or discomfort a few hours after the incident. In addition, there was a prolonged preiod of time where she declined medical attention.

She has not sued but is disputing the charge for the retreat package. I am wondering the liklihood of suing, whether she would have a case and whether or not I should seek legal council now.
Additional information
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.
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Answers (2)

David Luther Woodward

David Luther Woodward

Contributor Level 5
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.
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Louis B Vocelle Jr.

Louis B Vocelle Jr.

Contributor Level 3
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!
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