I was at the gym and decided to shower Before showering I turned the shower handle towards the appropriate temperature(hot), and got in, but the when I got in I was in shock because the water came out ice cold and caused me to slip and fall hurting my back this was due to the shower handle temp indicators being labeled backward
so Hot was Cold and the Cold was Hot
I took a picture of the handles and noticed half the showers in the gym are labeled incorrectly and I also let the manger know of this issue.
Also I signed a waiver for negligence
Unknown whether the waiver was broad enough to cover the shower water temperature. Assuming that it was not, if we assume that mislabeling the hot/cold on the shower is negligence because the gym should foresee that people would be misled about the water temperature, then we should also impose upon you a duty to check the water temperature before entering the shower. Your comparative negligence into entering the shower without testing the temperature of the water seems overwhelming, not to mention your seemingly panicked reaction to cold water. In other words, I don't see an easy case here.
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What did the waiver state? How severe are your injuries? I agree with Attorney Light. You might consider taking a chance in Small
Claims. Check out your local procedures.
Anyone can sue for anything and you may be able to shake something out, if you can get past the waiver. As indicated above however, your own comparative negligence will come into play. You have to decide whether you think 12 people dragged into jury duty to hear about you falling after walking into cold water that you walked into without testing first are going to award you enough money to make it worth your while. By the way, putting on such a trial would be quite expensive.
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You should certainly discuss this was an attorney for a full assessment. You should obtain a free consultation. Based on these facts, you may have a valid claim. Good luck to you.
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