Expert Advice When You Need It Most

Gym Injury to the face with small scars. Should I contact a Personal Injury Lawer?

While using a machine at the gym, the wire cable broke at the handle due to fraying of the wire at the crimped connector. It struck me in the forhead and on top of the head as well. I had two 1" long lacerations on my forhead that did not need stiches but have left scarring. I had minor headaches from the hit to the top of the head. The gym took an incident report but offered no compensation. Right after it happened they inspected every cable on all the machines. I believe this was the second incident of this nature at this location within weeks. Do I have a claim for the permanent scarring?

Save

Attorney answers (7)

Reputation Level 12
You certainly do, especially if it's the second such incident. The first incident put them on notice of dangerous condition. That they didn't fix it is negligence.

If you contact me, I have a colleague in the Phoenix area who can help you. My toll free number is 1-888-LAW-WIRE (1-888-529-9473).
2 people marked this answer as good

Reputation Level 20
As I am licensed in Florida and Vermont, I cannot offer you specific advice as to Arizona state law. However, it would appear that you do have a claim for your injuries.

You should contact a personal injury attorney in your area and discuss this case with him or her. Perhaps they will be in a position to undertake your representation. In the interim, you should not give any statement to the gym nor its insurance carrier and do not give them access to your medical records either.

If you have not already done so, you should immediately take photographs of your lacerations and any other injuries. If the frayed cable is still around, you should take photographs of it and the machine as a whole. Your attorney can also determine whether or not the gym has "medical payments" coverage on their insurance. If they do, this can pay on your immediate medical bills without needing to wait for a determination of fault.
2 people marked this answer as good

Reputation Level 10
You may have a claim if the gym was negligent in failing to ensure the safety of its equipment. You should contact an attorney licensed in Arizona.

Gil Shuga
Mesa, Arizona
480-854-4766
"Helping Injury Victims and Their Families
1 person marked this answer as good

Reputation Level 8
You absolutely have a right to make a claim. The fact that they have had prior incidents puts them on notice that there may be a maintenance problem. I would recommend that you take plenty of pictures, save all your receipts from medications (over the counter or prescribed), and find a qualified personal injury lawyer as soon as possible. Remember, Florida has strict deadlines that must be followed in making a personal injury lawsuit. So do not wait.
1 person marked this answer as good

Reputation Level 20
Yes you may have a claim for permancy and yes you should contact a skilled lawyer.
1 person marked this answer as good

Reputation Level 5
No compensation for an injury that occurred at the gym, even though you incurred medical expenses? Sounds like you already know the answer...especially if it was the second incident.

Failure to maintain property that creates a dangerous condition can be a tort. You should definitely speak to an attorney, or file a small claims court claim yourself seeking compensation for the medical expenses billed (not the co-pay, what the hospital actually billed), plus 5-10 times that for general damages (pain).

Sounds like a case of clear liability, its just a matter of how much you recover.
2 people marked this answer as good

Reputation Level 14
You should contact an attorney. The gym be liable if there is evidence of prior problems with the machine or prior injuries with the machine.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 
Ask now