Is my gym liable for my personal injury? - Accident Law Questions and Answers- LawQA.com

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Is my gym liable for my personal injury?

Recently I was working out at the gym at my apartment when a piece of their equipment malfunctioned, due to lack of maintenance, and broke my two front teeth. These teeth cost me $4000 in dental work and lost time at work. The apartment acknowledges it was their fault (there was a camera in the gym and lots of pictures taken) but is trying to avoid reimbursing me for my dental work and lost time. They claim they are not liable because I signed a waiver saying that I work out at my own risk. My gym manager at my local community gym says this is false. That this only applies to you hurting yourself at your own doing. But if I am hurt because they failed to maintain their equipment, then they are at fault. Can I sue for my dental damages and lost work time?

Law Office of William Justice Whitaker
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The short answer is YES, the gym is liable if in fact it was their fault that the equipment broke and you did nothing to cause the accident. You cannot 'waive" negligence and the gym would most likely be held liable at trial if indeed it was their fault. I wold need more information before I could give you a complete legal analysis of your case. I would be happy to discuss this matter with you in greater detail and feel free to contact me at the number below or by email.

Answer Applies to: Virginia
Replied: 6/14/2011

Answer By Ray Critchett
E. Ray Critchett, LLC
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Based on the information you provided, I would recommend calling an attorney to discuss your options. While certain disclaimers can limit a person's ability to recover for some injuries, the disclaimer you discussed may not be applicable to your injury. If you need any additional information, please feel free to send me an email. I wish you the best of luck with your case. Thank you.

Answer Applies to: Ohio
Replied: 6/9/2011

Ramunno & Ramunno, P.A.
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You can sue but maybe there is med-pay coverage that avoids the issue of liability and the waiver.

Answer Applies to: Delaware
Replied: 6/9/2011

Michael Anthony Wing, P.C.
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Potentially. The waiver would not apply to wanton or intentional conduct. If you were to have an expert, perhaps from the other gym you mention, render an opinion that the condition of the equipment was such that the complex was wanton in their disregard for the likely injury to invitees, then you may very well prevail. Talk to a lawyer you trust. Stay well.

Answer Applies to: Alabama
Replied: 6/8/2011

Theodore W. Robinson, P.C.
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He's correct. A waiver doesn't give them an excuse for not maintaining their own equipment and they are liable if that's what caused your injury and expenses. Consult a local negligence or personal injury attorney. Good luck.

Answer Applies to: New York
Replied: 6/8/2011

Answer By Sam L. Levine
Law Office of Sam Levine, LLC
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What a bad situation. I am so sorry that this happened. I would recommend that you at least speak with an attorney. There should be no charge. I wish you the best of luck & take care!

Answer Applies to: Georgia
Replied: 6/8/2011

Law Offices of Timothy G. Kearney, LLC
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The terms of the waiver may determine your success but if the equipment failed due to their negligence you may have a compensable injury.

Answer Applies to: Connecticut
Replied: 6/8/2011

Answer By Mitchell Howie
Law Office of Mitchell J. Howie
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You may have a claim against your apartment. It will depend on the waiver you signed and the particular facts of how the equipment malfunctioned. You can review some basic information about personal injury law on our website. Contact us if you have any further questions.

Answer Applies to: Alabama
Replied: 6/8/2011

Answer By Barry Rabovsky
Barry Rabovsky & Associates
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You may have a case, based upon the information that you have supplied. We would be happy to provide you with a free consultation if you call my office at either of the numbers listed below. If my office accepts your case, there is no fee charged unless we are able to obtain a settlement for you.

Answer Applies to: Illinois
Replied: 6/8/2011

Law Offices of Earl K. Straight
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I think your gym manager hit the nail on the head, they cant escape their own liability by use of a waiver. You have every right to pursue your claim, including filing a lawsuit if necessary. They may contest that the equipment malfunctioned due to a lack of maintenance or any other reason for which they are liable, but that is a fact question for a judge or jury.

Answer Applies to: Texas
Replied: 6/8/2011

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