I slipped and fell on water at the gym due to negligence during a remodel. Should I file a slip and fall lawsuit?

Asked over 1 year ago - San Diego, CA

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?

Attorney answers (7)

  1. Steven Mark Sweat

    Contributor Level 19

    8

    Lawyers agree

    1

    Answered . 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.

    Nothing in this communication should be construed as creating an attorney client relationship. This is for... more
  2. S. David Rosenthal Esquire

    Pro

    Contributor Level 18

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    Answered . Your biggest concern is a waiver or release of liability that is likely contained in your contract. Take the controlling gym contract to a good San Diego personal injury attorney to review as part of an initial consultation.

    Good luck.

  3. Charles Jervis Mellor

    Contributor Level 12

    5

    Lawyers agree

    Answered . 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!

    The information presented here is general in nature and is not intended, to be construed as legal advice. This... more
  4. Timothy Leo Bowden

    Contributor Level 14

    5

    Lawyers agree

    Answered . i certainly feel that you should contact an attorney in your area with
    experience in such claims. each state is different regarding standards for such
    claims. they can be difficult. so having an attorney evaluate your options is
    important. good luck.

  5. Michael Shemtoub

    Contributor Level 17

    2

    Lawyers agree

    Answered . 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
    www. KingofPersonalInjuryLaw.com
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    Check out my website below and give me a call for a free consultation if you are a California resident 877-427-... more
  6. Ajay Mohan Kwatra

    Pro

    Contributor Level 15

    1

    Lawyer agrees

    Answered . I am happy to talk to you about your case.

    Ajay Kwatra, Esquire
    (858) 539-1820

  7. Loc Hoang Pham

    Contributor Level 8

    1

    Lawyer agrees

    Answered . Yes, you should definitely consult with an attorney immediately to explore all of your legal options. It's possible that the gym failed to properly maintained the premises which resulted in your fall. Good luck!

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