QUESTION
Do I ask the gym to help cover the cost of my surgery?
Asked on Oct 19th, 2013 on Personal Injury - Michigan
More details to this question:
I broke my wrist while working out due to a fall under the supervision of a trainer.
8 ANSWERS
Ronald A. Steinberg
Did you sign a waiver? If so, you cannot sue.
Answered on Oct 22nd, 2013 at 6:45 AM
Personal Injury Attorney serving Charlotte, NC
at
Paul Whitfield and Associates P.A.
Update Your Profile
You probably signed a release when you joined. You cant expect them to pay anything unless they were negligent. If it was your own carelessness that caused your injury you are entitled to nothing.
Answered on Oct 21st, 2013 at 6:12 PM
Edwin K. Niles
If the instructor was somehow negligent, see a lawyer. The gym's insurance won't be anxious to help you.
Answered on Oct 21st, 2013 at 6:11 PM
James Eugene Hasser
You would have to prove you were hurt because the trainer did something wrong and that you didn't assume the risk of injury to be entitled to recover. The facility may have a medical payments provision in their premises liability policy, though. It would only pay for medical bills, regardless of liability. You might want to ask.
Answered on Oct 21st, 2013 at 1:37 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
at
Andrew T. Velonis, P.C.
Update Your Profile
No harm in asking.
Answered on Oct 21st, 2013 at 12:19 PM
Admiralty and Maritime Law Attorney serving Gulf Breeze, FL
at
Law Offices of John W. Merting, P.A.
Update Your Profile
Why not, they may have med pay coverage.
Answered on Oct 21st, 2013 at 12:18 PM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
You can ask. However (1) is the trainer an employee of the gym or an independent contractor, and (2) if an employee, was he negligent? If he was negligent and an employee, they have liability. Otherwise, probably not.
Answered on Oct 21st, 2013 at 12:17 PM
Auto Attorney serving Bloomfield Hills, MI
at
Gregory M. Janks, P.C.
Update Your Profile
In Michigan you may ask the gym for financial assistance, and their general liability policy probably has "med pay" coverage of a few thousand dollars that can serve to reimburse unreimbursed/uninsured medical expenses without regard to liability/fault/negligence, but unless you can show negligence of the trainer/facility they/their insurer will not have any obligation to pay any claim (in other words the mere happening of an occurrence/injury does not make for liability). Further, it is likely that you signed a Contract to become a member of the gym and it is highly likely that in same there is a provision that indicates that you won't sue them for injuries occurring on their premises (but pull it out and read it).
Answered on Oct 21st, 2013 at 12:02 PM