QUESTION
What are my legal rights for medical bills compensation against a local gym?
Asked on Dec 06th, 2012 on Personal Injury - Florida
More details to this question:
During a spinning class, my left leg slipped out of the foot cage, which deeply scraped my shin area. I went to the ER and received nine stitches for this injury. Needless to say, I am going through a lot of pain, suffering and major discomfort. The gym has zero customer service approach to my situation.
11 ANSWERS
Ronald A. Steinberg
Read the paperwork that you signed in order to join the gym. You probably signed away your rights to sue the gym. So, the answer is "You do not have any rights."
Answered on Dec 17th, 2012 at 3:39 AM
The first question would be was there anything defective about the foot cage or was there any negligence on the part of the gym which caused your foot to come out of the cage? If not, it might be difficult to proceed against the gym.
Answered on Dec 09th, 2012 at 8:56 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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The gym is responsible for your injury only if their negligence caused it and you were not negligent in any degree. There is no guarantee that you will not be hurt in a gym or anywhere else. You have to look out for yourself and you undertake certain risks in places like gyms.
Answered on Dec 07th, 2012 at 1:56 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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From what you describe, they are not liable for this accident. You would have to have some evidence that they were somehow negligent and their negligence caused the accident. From what you describe, it appears to by the type of accident that is a result o the inherent risk of this type activity (unless something was left out, such as faulty equipment, inadequate instruction, etc.).
Answered on Dec 07th, 2012 at 1:39 PM
Personal Injury Law Attorney serving Naperville, IL
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Law Office of Barry R. Rabovsky
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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.
Answered on Dec 07th, 2012 at 1:39 PM
Daniel P. Mitchell
Your gym may or may not have medical payments coverage under its insurance policy. You can send them a request for their insurance information, but in view of their "zero customer service" policy, it's as likely as not they'll ignore it. You may want to consult an attorney. It's unlikely they'll ignore your lawyer. If they have no med pay coverage, they could still be liable under a negligence theory if there was some defect in the bike that caused your foot to slip (in which case, you may also have a product liability claim against the manufacturer).
Answered on Dec 07th, 2012 at 1:38 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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You would have to show that your leg slipped out of the foot cage due to some defect in the equipment, e.g., that the foot cage was broken. Also, you would have to show that they knew of the defect before your injury (or that they should have known about it, or that they were the ones who created the defect).
Answered on Dec 07th, 2012 at 1:38 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Without additional information, like the machine is particularly dangerous, or was not properly maintained, it would appear to me that you probably do not have a cause of action. However, before forming an opinion I would need all of the details. Engage an attorney and explain your situation completely.
Answered on Dec 07th, 2012 at 1:37 PM
You should contact a plaintiff's accident lawyer for legal advice and assistance. Negligence has to be proved in order for the gym to be liable.
Answered on Dec 07th, 2012 at 1:37 PM
Answer: None as far as I can tell; why would you think this is not just your own fault? Why would you think the gym as somehow at fault? You pointed out nothing in the property or service that was defective and caused your injury; the only thing I can see that is wrong or at fault was your spinning technique. I don?t mean to pick on you, but seriously these are the sort of cases, if filed, that gives a lawyer a bad name. I would never file this case. In a message dated 12/7/2012 9:20:20 A.M. Central Standard Time, questions@lawqa.com writes:
Answered on Dec 07th, 2012 at 1:37 PM
Personal Injury Attorney serving Palm Harbor, FL
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Morgenstern & Herd, LLC
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Check and see if the gym has Medical Payments coverage as part of its general liability insurance policy. If not, there is likely to be no way to recover from the gym unless there was something wrong with the bike/spinning machine.
Answered on Dec 07th, 2012 at 1:36 PM