Can I sue a gym for injury even though I signed a contract that states they are not liable for injury?
Question Details: I tore two tendons on my right foot while taking a virtual kickboxing class. Had to have surgery and taking physical therapy.
You need to speak with a Texas personal injury attorney and bring a copy of your contract with the gym.
Texas has specific requirements for a contract "waiver" [part of document where by signing you release rights to file personal injury claims] to be valid and prevent any person injury claim.
Please visit my website for more Texas personal injury information at www.kiplawfirm.com
Good luck.
Jason
It's possible. But you're going to have to take a copy of that contract to a local attorney, and explain in some more detail how this happened, to get a more definite answer.
Part of the problem is state law, that treats these kinds of contracts differently from one place to another, and I'm not a Texas attorney.
More importantly, how the contract is worded is important, because the gym will at best get what the contract says and no more, because they wrote it; if it's possible to read it two different ways, the way that helps you more will probably be the one that counts. And how the injury happened might be most important: if this wasn't the least bit your fault, but was caused by the sole negligence of the gym, then the contract might not protect them at all.
