What to do if a dance instructor fell while demonstrating the steps and injured me during class?

I broke my arm and damaged my watch in the process. Is it possible for me to claim against the gym for medical fee as well as damages to my watch?

Asked on August 22, 2015 under Personal Injury, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can very likely sue the dance instructor for your injuries e.g. medical costs, lost wages, and possibly some amount for "pain and suffering"--the life impairment from a broken arm and the broken watch if the instructor was careless or negligent in causing your injury. He/she would not be liable if someone else tripped into them and pushed them into you, or it was otherwise not their fault.
If the instructor was a gym employee, you could also most likely sue the gym as well, since an employer can be liable for the injuries their employees cause during the course of their employment, under the legal theory of "respondeat superior." In this case, you'd sue both the instructor and the gym.
But if the instructor was not a gym employee--e.g. she or he was an independent contractor and/or leased/rented the space to put on his/her classes--then the gym would not be liable, since the instructor is independent of them, unless the fall happened because of an unsafe condition in the gym, like a loose floorboard.


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