QUESTION
I waited 26 days to notify the premise owner of my fall are they still liable?
Asked on Mar 07th, 2013 on Personal Injury - Colorado
More details to this question:
I finished working out at a Gold's Gym on 1/9. It had snowed the day before and the parking lot was plowed on 1/9 but still had patches of snow and ice. It was 5:45pm and dark. A coworker was walking out with me and I slipped and fell in their parking lot onto my left elbow causing pain in my left shoulder. I did not notify the Gym as I thought I would be okay in a few days. The pain persisted for 3 weeks and I saw my doctor who advised me on 2/4 that I likely tore my labrum and scheduled an MRI. With that info I immediately notified the Gym on 2/4 and completed an incident report. The Gym denies liability. I did have surgery on 3/1 to repair the torn labrum as a result of the fall. Do I have a case as I have a witness but waited 26 days to notify the Gym?
16 ANSWERS
Yes. You already realize that Gold's Gym will raise the defense that you failed to notify them immediately. They may argue that you really injured yourself somewhere else. You will need to prove liability on the part of Gold's and the owner of the land, but it seems that your damages will be easy to prove.
Answered on Mar 08th, 2013 at 11:28 PM
Christian Joseph Menard
The 26 day wait will not prevent you from suing the gym. It will be questioned by the defense and they will claim you hurt yourself elsewhere, if you got hurt at all, sometime in that 26 day period. They will try to show your injury had nothing to do with you being on their premises. That you have a co-worker as a witness is a good thing. How good will depend on how fair, unbiased, and believable he/she is. As far as the liability issue, I cannot say without seeing the location of your fall. A premise owner has a duty to provide a safe environment for its patrons while on the other hand is not a guarantor of its patron's safety. They are only responsible for dangerous conditions they allow to exist on their property and of which they had knowledge, or should have had knowledge. If they have knowledge of a dangerous condition, they need to be given a reasonable time to rectify the defects. All these issues need to be investigated and depending on the facts, you may have a case.
Answered on Mar 08th, 2013 at 9:13 PM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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There is no legal requirement that you give the gym any particular notice in any particular time frame. You do need to file suit within 3 years of the incident or the Statute of Limitations will bar your claim. However, Michigan law, created by our Judges, indicates that if a premises hazard is open and obvious, then the business has a complete defense to any claims for such hazard. The theory of such law is that an ordinarily prudent person will see an open and obvious hazard/defect upon casual inspection and avoid it. If the person does not so avoid the open and obvious hazard, the law presumes it is that person's fault and the property owner thus has no duty to fix/warn of the hazard. When a hazard is created by negligent acts of someone, or when there is a special aspect to the hazard, the open and obvious defense may not apply. As surprising and counter intuitive as it sounds, if your fall is because some ice remained after removal, and no entity negligently created the new hazard, it is unlikely you have a case in Michigan. The law has come to this because the populace has not carefully followed what their Judges and legislators do to their rights and have not voted these people out of office for taking away their rights.
Answered on Mar 08th, 2013 at 2:53 PM
Ronald A. Steinberg
Yes, but under Michigan law, you have the burden of proving that they knew, or should have known of the ice, and that you COULD NOT have seen it.
Answered on Mar 08th, 2013 at 12:16 PM
Criminal Law Attorney serving Sacramento, CA
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Alison Elle Aleman
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As long as you make a claim to the gym, you most likely have preserved your case. Go to a lawyer, get a statement from the witness and file a lawsuit against the gym, since the injury happened on gym property. You also have injuries verified by the doctor and the surgery done from the fall.
Answered on Mar 08th, 2013 at 5:35 AM
Thomas Edward Gates
If your witness is willing to testify, you have a case.
Answered on Mar 08th, 2013 at 12:33 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Falling on my property or anyone's property entitles you to nothing where does America get that notion of entitlement? It has nothing to do with 26 days or 260 days. It has everything to do with proving fault. Proving negligence on the part of the gym or the owner of the parking lot. You must prove that what they did or did not do was negligent and that you were not negligent in any way and that the ice was not open and obvious to be seen. If you prove these things you may recover damages. See a proper lawyer for further adviced.
Answered on Mar 08th, 2013 at 12:26 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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The 26 days can be an issue because they can deny it happened, or they can argue that even if you fell in their lot, you could have been injured elsewhere. It will be an issue of who the court believes. However, the bigger issue is whether they are liable even if they agree that you were injured in a fall in their lot. They are no liable just because you slipped and fell in their lot. You must show that they were negligent in some way and that their negligence caused you to fall.
Answered on Mar 08th, 2013 at 12:07 AM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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While the failure to notify the premises will be an issue, it does not preclude you from making a claim or suing.
Answered on Mar 07th, 2013 at 2:48 PM
Personal Injury Attorney serving Kent, WA
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Law Offices of Wayne J. Wimer, Inc. P.S.
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The fact that you waited 26 days to notify the Gym is not relevant from the standpoint of liability. If you can prove negligence on the part of the Gym, they can be held liable for your injuries. As an aside, these outfits always deny liability. Don't give them any recorded statements. Don't sign any medical releases. Don't talk to their insurance adjusters. File suit and go from there.
Answered on Mar 07th, 2013 at 2:48 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Obviously you are not inquiring from Florida, but no state has a statute of limitations shorter than 1 year. Go check with a good personal injury attorney at your earliest convenience.
Answered on Mar 07th, 2013 at 2:01 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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The issue is not how long you waited, the issue is was Gold's Gym negligent. Is it the only shop connected to the parking lot or are there other occupants. Does Gold's own the parking lot or is it Gold's landlord? Was Gold's or the landlord negligent in not removing all ice? In States that have a lot of snow and ice, it is not clear that snow and ice has to be completely removed. Call the Idaho State Bar and get a referral. That will give you a better idea of whether you have a case or not.
Answered on Mar 07th, 2013 at 2:00 PM
James Eugene Hasser
You've got 2 years to sue. Time is not your problem. Just because you get hurt on someone's property doesn't make them liable. You have to prove they were at fault. First, you have to show that they own or are in control of the parking lot. They may not have any control over the lot as it may be owned by the shopping center owners. If they do own or control it, you have to show that you were hurt because of a non-obvious danger which they know or should have known about and which they fail to remove or repair, or guard or warn you against. If you can't prove that, and the Gym has a medical payments provision in its premises liability policy, you may be able to get your medical bills only paid for.
Answered on Mar 07th, 2013 at 2:00 PM
Edwin K. Niles
Insurance companies do not pay money willingly. It is up to you to prove that the insured (Gold's) was somehow at fault. Gold's does not control the weather, nor do they control where and how carefully you walk. They are not required to guaranty your safety.
Answered on Mar 07th, 2013 at 1:30 PM
1 Award
You must establish that the gym did something wrong or failed to do something they were required to do. Just because you slipped on the ice doesn't make the property owner or tenant liable. How were they negligent?
Answered on Mar 07th, 2013 at 1:29 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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The statute of limitations in New York is three years. Go to a lawyer in your area, you cannot handle this on your own. The gym may hire out the snowplowing to a contractor, who is primarily liable. This is not a DIY job, get a professional. Seriously.
Answered on Mar 07th, 2013 at 1:29 PM