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Regarding Liability at a Fitness Gym. I fell an fractured L-5 vertebrae /collapsed in fused area of back. Suffering 3 months.

San Diego, CA |

I fell at a Gym after a woman moved a bench, fractured back, rotated pelvis SI joint. I investigated the codes for Bench requirements in Gyms and discovered in writing if it were built today the benches would have to be bolted down.. They were grandfathered in. Since it is code now there could be legal consequences according to the city investigator. I have a serious injury, last month went to hospital and attempted Kyphoplasty but vertebrae collapsed. I previously had a fusion in the area, so unusual for this to happen. Extremely painful. Met with adjuster, they are only offering at this point out of pocket up to 5,000. What is your take on Liability? Is there an M.D. attorney willing to respond?

Failed to say I was taken to hospital by ambulance and stayed in hospital 5 days , I could not get out of bed . Had an MRI and CT and the radiologist did a comparison from 2010 fusion CT and current CT. Very clear results. Am facing future possible surgery, two discs and one other vertebrae were involved. I had a huge hematoma in the front of my stomach showing up a month later; as it showed up on MRI.. I am now 1 1/2 inches shorter and hard to stand up straight, wear a custom belt.. Also the Insurance company is not responding to my inquiry about when I am going to be reimbursed for out of pocket so far over 2,000 out of pocket and several outstanding bills..

Attorney Answers 5


  1. If this is a viable case there are no shortage of local and qualified attorneys who will help. Find the one you are most comfortable with and confident in. Avvo attorneys may not solicit so you will need to contact them. Stop speaking with your enemy, sorry I meant adversary.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff


  2. Sorry to hear about this. It all depends on the release and waiver of liability that you signed when you joined the gym. There is most likely a medical payment provision to the policy up to 5K. Ask for copies of all the documents that you signed when you joined and have an attorney review the waiver of liability if there is one.


  3. You should speak with a Personal Injury attorney immediately to provide more facts about the accident. More information is needed about the premises and the gym's liability in regard to the dangerous condition possibly created by violation of the code. Your injuries sound quite substantial so do not delay in seeking the proper legal advice. Most firms offer free over the phone consultations.


  4. Your damages are incredibly high and the real question is what documents you may have signed releasing the gym. Also, I'd wonder who moved the bench, how it caused you to fall, etc. It's a situation that definitely requires investigation. A lot of the lawyers on here would offer free consultations.


  5. An attorney ay be able to maximize your claim.

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