QUESTION
Who is responsible for an accident that happened at the gym of an apartment complex?
Asked on Sep 22nd, 2011 on Personal Injury - California
More details to this question:
I live in the complex and on today 9/21/2011 about 9:00 am I went to the gym of the complex and starting lifting. One of the pulleys are broken and hit me in the mouth breaking a tooth and the upper and lower lip. The manager of the complex entered the gym and before offering any help, hastened to take photos of me on which the accident. My wife took me to the apartment and after several minutes, this Mr. touched our door offering an ambulance, which was to have done first. My wife took me to the hospital and there was reached the conclusion of Dental trauma 1.-2.-Lip and Mouth Laceration 3.-facial bruising. I was told to take several medications for pain and I did many exams.there are witnesses of the accident and pronounced wear of the pulley machine. I just want to know that I do.
13 ANSWERS
Personal Injury Law Attorney serving Naperville, IL
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Law Office of Barry R. Rabovsky
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You may have a case, based upon the information that you have supplied.
Answered on Jun 26th, 2013 at 2:03 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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The apartment may not be liable if it was not aware that the pulley was worn. You might want to consult an attorney.
Answered on Jun 21st, 2013 at 2:16 AM
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The complex, for failure to maintain.
Answered on Jun 21st, 2013 at 2:06 AM
My best advice at this point is to contact an experienced personal injury attorney to discuss this matter. Whatever entity responsible for maintaining the gym equipment would be a potential defendant in this case. It could be the apartment complex, a private company that watches over the equipment, the equipment manufacturer if the equipment was faulty from the beginning. An attorney should be able to uncover this. I would suggest you do so immediately to preserve the evidence here. The gym could have the equipment fixed immediately, and you will have no proof of the defect.
Answered on Sep 23rd, 2011 at 1:00 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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The apartment complex would be responsible to properly maintain its equipment. If Lack of proper maintenance is the direct cause of your injury you would have a proper case. Just a few days ago I had a similar inquiry but in that case the tenant had signed a waiver saying he assumed the responsibility. That is common with sports. So make sure you haven't signed away your rights. Remember that in sports things happen. In baseball, an errant ball hits you in the head. In auto races cars fly apart and pieces land in the grandstand. Last week we had 2 air shows that captured national attention when planes crashed or came apart. There is always risk with sports.
Answered on Sep 23rd, 2011 at 12:59 PM
Retain a plaintiff's accident or personal injury attorney for legal advice and representation. Initially, that attorney should inquire as to the apartment owner's insurance coverage and the manufacturer of the gym equipment (pulley) which caused your injuries to determine if it was defective.
Answered on Sep 23rd, 2011 at 12:55 PM
The question of who is responsible for your injuries should be addressed right away. It may be that the complex is responsible if it failed to maintain the equipment. It may be that the manufacturer is responsible if the product was defective. In any event, the only way to figure this out is to begin an investigation now, before the evidence disappears. You may want to consider consulting an experienced personal injury attorney to assist you.
Answered on Sep 23rd, 2011 at 12:45 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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A property owner can be held liable for known hazards that could foreseeably result in injury. In order to make a claim against a property owner (including stores, parking lots, apartments, etc) the injured party has to show that the owner knew or should have known of the hazard, had an opportunity to correct it, and failed to take action. So, you would have to find evidence to prove that the apartment owner knew that the pulley was broken and had time to get it fixed before your injury (plus if they knew about it they should have put an "out of order" sign on it until they could get the repairs done) Remarkably, this is the second inquiry I've had concerning a defective weight machine in the gym of an apartment complex causing dental injuries to the user.
Answered on Sep 23rd, 2011 at 12:19 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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First and foremost, follow up with a dentist because your health always comes first before any claim or lawsuit. Second, ask the manager to preserve the pictures he took. If the equipment in the gym area was negligently maintained, then the apartment complex can be held responsible for your injuries. Just the fact it happened doesn't make the apartment complex liable, unless they were negligent, and that's why I said "if the equipment...was negligently maintained...". If you are able to show or get others to comment on the poor condition of the gym equipment, that may be sufficient. It won't hurt for you to consult with a personal injury lawyer, as usually their consultations are free and will not charge you unless they are able to make a recovery for you.
Answered on Sep 23rd, 2011 at 12:13 PM
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This is an issue that you should consult with a personal injury attorney about. The owner of property has a duty to keep the premises in good repair and to warn of hidden dangers. If the owner knew or should have known of the worn out equipment, then they may be responsible for your damages.
Answered on Sep 23rd, 2011 at 11:35 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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Get a lawyer and sue them for faulty maintenance of the machine.
Answered on Sep 23rd, 2011 at 10:36 AM
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The apartment complex is responsible. However, if you were aware that the device was broken, you may have some comparative fault.
Answered on Sep 23rd, 2011 at 10:01 AM
Real Estate Litigation Attorney serving Newport Beach, CA
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Fink & Abraham LLP
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The apartment complex is primarily responsible. The manufacturer may have some responsibility. As your damages appear painful, but not long-lasting, submit a claim for your medical costs and pain and suffering to the management and see what they offer.
Answered on Sep 23rd, 2011 at 9:53 AM