I am recovering from an ankle bone chip, slipped and fell on water at the gym causing me to re-sprain my recovering ankle setting me back weeks or months in my recovery. The gym is remodeling the locker room so the locker room is closed. They set up a changing room across the facility from the pool. There are no carpet mats on the floor, so swimmers walking from the pool to the changing room can leave a trail of wet foot prints. I didn't see the wet footprints , slipped, fell, and caused greater injury to my existing condition. I was wearing sandals. Do I have a strong case for a lawsuit?
There will be issues here on both liability and damages. To find the gym liable, you will need to show that they knew or should have known about a dangerous condition. This sounds like a viable argument given what you describe. They will probably counter-argue that you could have seen the water. Prompt investigation and photos would be in order to secure the necessary evidence you may need. On damages, you will have to show that the fall made your pre-existing condition worse. This will require a medical doctor's opinion and, even if you have this, the gym will only be liable to the extent that they made the condition worse. Given the costs involved in investigating and pursuing the claim, it may or may not be worth it just depending upon how much your estimated future medical costs will be to provide additional treatment above what you were already doing.
Attorney Sweat raises valuable points in reviewing your case. The issue of notice as to the condition on the floor will be in play. The factual arguments can work both ways. That is to say the pool facility may have had a duty to correct the condition, however, you had a duty to act reasonably. Sandals on a wet floor may impede your ability to prevail on this point.
Damages will require you to show in a definitive manner that your injuries were, here is a medical term, "exacerbated". This will be entirely up to the expert opinion of your doctor.
I would suggest using Avvo to find a Personal Injury attorney in your area and allowing them the opportunity to fully review your situation. Good luck!
Personal injury suits do come from a lot of facts and events. It seems you do have many problems that the gym should be reliable for. I would not attempt to negotiate with the gym or the insurance company of the gym. If you are in need of medical care you need to get it! Make sure to follow all your doctors orders. Meanwhile, make an appointment with a strong personal injury attorney. I would like to talk more with you about this case.
Check out my website below and give me a call for a free consultation if you are a California resident 877-427-2752 or you can email me at Michael@Kingofpersonalinjurylaw.com
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