QUESTION
If they are paying my medical expenses up to $5,000 and have since rearranged the equip, are they admitting to being at fault?
Asked on Jul 20th, 2013 on Personal Injury - California
More details to this question:
I was trying to get to a piece of gym equipment to do my daily stationary bike riding. To get to this equipment, I had to step over two rowing machines that obstructed the normal walking pattern. There was a 12" clearance behind the machines, so I stepped in between them to access the stationary bikes. My right foot caught on the gym equipment and I took a hard fall. I was rushed away in an ambulance because they thought I broke my shin and I had neck and back pain. I am still recuperating. The gym has rearranged all the gym equipment involved in the accident since the fall. Their insurance is only allowing me $5,000 dollars in medical to cover the incident. They said I signed a waiver so I am not entitled to anymore medical coverage and that it was might fault for taking that route if I thought it was unsafe. My response was I thought it was safe because that was the route you displayed and I chose to walk over the equipment that was in the walkway. Question: If they are paying my medical expenses up to $5,000 and have since rearranged the equip, are they admitting to being at fault? I know if I dropped a weight on my foot and broke it, they wouldn't give me a dime. They are sending an outside claims adjuster to my house next week. I am looking at weeks of physical therapy on my back. Should I allow the claims adjuster to ask me questions and should I provide them with answers, I have a witness and before and after picks of the gym equipment, personal injuries and an eye witness who helped me that night. Plus they only had 1 staff to work the entire gym and it took him along time to attend to me and call an ambulance.
9 ANSWERS
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You cant injure yourself in a gym because you are not looking where you are going and expect someone else to pay. You are lucky to be getting the med pay.
Answered on Aug 02nd, 2013 at 11:49 AM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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No, and no. They are problem paying the bills under the medical payments provision of their insurance policy, which typically is $5,000, so the number you mentioned really makes me think they paying under med pay. That would not be an admission of guilt. There is also something called the doctrine of subsequent remedical repair that says if someone corrects a situation that caused an injury, you cannot get that into evidence. The theory behind that is that it is preferable for them to correct a dangerous condition and it not be used against them than allow someone to use that against them in court.
Answered on Jul 26th, 2013 at 12:42 AM
Thomas Edward Gates
No, any actions taken as a result of an injury cannot not be presumed to be because of the accident.
Answered on Jul 26th, 2013 at 12:42 AM
James Eugene Hasser
I'm not sure what you signed, but I suspect it limits the gym's liability to you. Just because they are paying the medical bills, doesn't necessarily mean they've accepted liability. They may be paying you out under a "medical pay" provision in their policy that pays medicals up to the limits of coverage regardless of liability. Ask the gym's insurance company directly if they've accepted liability, but from what you've said they've told you, I doubt it. Consider speaking with a personal injury lawyer who does premises liability cases.
Answered on Jul 26th, 2013 at 12:42 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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No, and no. The $5G is what is called a medical payments provision of a comprehensive general liability insurance policy, which is called "med-pay" for short by insurance people. It is not mandatory, but some businesses carry it to pay a limited amount of medical expenses for persons injured on the property whether it is the business' fault or not. This is good customer relations and sometimes keeps people out of lawyers offices even when the business is legally liable. Re-arranging the equipment after the fact is inadmissible. The reason is that as a society, we want to encourage property owners to keep their property in safe condition. If post-accident repairs could be used as an admission of negligence, that would discourage property owners from making repairs for fear of liability. Finally, get a lawyer. From your question it is obvious that you need one.
Answered on Jul 26th, 2013 at 12:42 AM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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Michigan law currently indicates that a premises owner has a duty of due care to keep a premises under their control in reasonably safe condition for business invitees. However, a doctrine called "open and obvious" abrogates that duty for conditions that are observable on casual observation. Michigan law further states that any written contract entered into between you and the premises owner that relates to use of the premises controls. It is typical that gyms/health clubs will have a contract with you that states they are not liable for any injury occurring to you on their premises and that you assume all risks. The courts in Michigan typically uphold these contracts; further, even if they didn't the open and obvious nature of the hazard would take away the premises owners duty to you. You have a difficult case in my view. This is because the voters have allowed conservative business/insurance elements to dominate the discussion and to take away most citizens rights under the guise of tort reform (after falsely alleging that most personal injury litigation was frivolous) so that the electorate voted in legislators and judges that, in my view, are more concerned about corporations than individuals. The $5k they will pay toward medicals is under the so-called "med pay" coverage of the commercial/general liability policy of the premises and such coverage is triggered by an event, notwithstanding that there may be no liability/negligence and/or that the claim isn't actionable under current Michigan law.
Answered on Jul 26th, 2013 at 12:41 AM
Motor Vehicle Accidents Attorney serving Van Nuys, CA
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Law Offices of Andrew C. Sigal
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Many business carry Medical Payments policies. Under this type of a policy, the business will pay up to the maximum coverage of the policy without admitting fault. It sounds like your gym had a $5,000 policy limit. Generally, a waiver will serve as a "Get Out of Jail" free card. However, there are ways around the waiver. Without seeing the pictures depicting the location of the machines and one's access to those machines, it is difficult to say whether or not you have a valid claim.
Answered on Jul 26th, 2013 at 12:41 AM
Ronald A. Steinberg
No. Subsequent repairs are not an admission of fault.
Answered on Jul 26th, 2013 at 12:41 AM
Regulatory Attorney serving Spokane, WA
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Deissner Law Office, P.C.
They are paying from a "no-fault" medical policy which is not an admission. Also legally any subsequent remedial efforts such as moving stuff around may not be used in court to prove negligence. So no, they are not admitting anything.
Answered on Jul 26th, 2013 at 12:41 AM