CanI sue a gym if they gave me bad advice regarding working outwith a medical condition which has resulted in my needing surgery?

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CanI sue a gym if they gave me bad advice regarding working outwith a medical condition which has resulted in my needing surgery?

A fitness company said it was okay to work out with a cyst on my knee. They assured me it was fine but it grew 5x in size and now I need surgery. Personal trainer advised me. Trained for a few months. Pain and finance forced me to stop. I thought it was just swollen from all the working out I did. Swelling never went away. I now need surgery. Surgery will take me out of work for a minimum of 1 month, 3 at most. Company won’t let me out of contract for injury. They dipped into my finances after they assured me I was in the clear causing me to be late on my car payment. They then told me that they made a mistake about the timing of a withdraw and still refused to honor what they said and are keeping my money.

Asked on September 7, 2010 under Personal Injury, Georgia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I would suggest that you seek a consultation from a personal injury attorney in your area as to whether or not you can establish a claim here based upon the facts of your case.  Here are the pitfalls I believe that you will run in to.  The fact that you relied on a personal trainer and not a licensed physician to determine that you were physically fit to work out given that you knew you had a cyst on your knee.  Of course, the claim that the personal trainer gave medical advice is an issue here as well.  As for the contract issue, did you read it through?  It really should have a provision to allow you to at least "suspend" your membership if you can establish the injury and recovery through medical documentation.  You may want to have the attorney read that for you too.  Good luck.


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