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Gym Injury to dominant hand.
Asked over 2 years ago - Clovis, CA
While attempting to move a weight stack pin on a lat pull down machine,( not knowing that the adjusting pin was bent and wedged in the weight stack) the plastic end of the pin broke off in the palm of my hand. I received a large, deep laceration in my palm and slight nerve damage to my index finger.
Would it be advantageous for me to seek settlement with the owner first or to litigate?
Attorney answers (3)
The real question, to my thinking, is whether the owner was negligent. If the owner wasn't negligent, then it's not clear to me by what legal theory you would recover. The owner of the gym may have insurance, so you could try that. But you need a viable legal theory in order to bring a case to court. I don't see that the owner is liable simply because he's a gym owner and you got hurt when a piece of equipment broke.
I'm not licensed in California so don't take that as legal advice. It's simply information based on general principles of law which is intended to educate. If you need legal advice, please consult a lawyer who holds California licensure.
Good luck.
I'm not licensed in California so don't take that as legal advice. It's simply information based on general principles of law which is intended to educate. If you need legal advice, please consult a lawyer who holds California licensure.
Good luck.
If the adjusting pin was "bent and wedged in the weight stack," then it would seem to me that the gym either knew, or should have known, that their equipment was broken or defective, and they benefited monetarily by allowing members of the public to use their premises. In such situations, the gym probably has a general commercial liability policy that may cover this loss, and the policy might even have a medical payments, or medpay, provission that might pay your bills on a no-fault basis. Disclaimer: you are not my client and I am not your attorney untill we both enter into a representation agreement in writing. The above is not legal advice, but rather an exchange of thoughts on this public informational website. If you desire to seek legal representation for this matter, consult with an attorney in person.
The owner may have med pay insurance which will cover all or part of your bills on a no fault basis. Beyond that you would have to prove liability on the part of the owner for negligence or other theory. You should open a claim with the carrier and try to settle you claim if possible.
The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.
The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.
