What are my rights if I was injured at the gym due to an improperly maintained piece of equipment?

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What are my rights if I was injured at the gym due to an improperly maintained piece of equipment?

Recently I was working out at the gym at my apartment complex when a piece of their equipment malfunctioned, due to lack of maintenance, and broke my 2 front teeth. These teeth cost me $4000 in dental work and lost time at work. The apartment management acknowledges it was their fault (there was a camera in the gym and lots of pictures taken) but is trying to avoid reimbursing me for my dental work and lost time. They claim they are not liable because I signed a waiver saying that I work out at my own risk. My gym manager at my local community gym says this is false. That this only applies to you hurting yourself at your own doing. But if I am hurt because they failed to maintain their equipment, then they are at fault. Can I sue for my dental damages and lost work time? Should I speak with a personal injury attorney? In Harris county, TX.

Asked on June 6, 2011 under Personal Injury, Texas


Richard Weaver / The Weaver Law Firm

Answered 13 years ago | Contributor

I would like to examine all contracts that you have with the apartment complex where you live. I would also like to hear more about the situation. Please feel free to call to discuss.



Richard D. Weaver

Attorney At Law


The Weaver Law Firm

1800 Bering Drive

Suite 305

Houston, Texas 77057

Phone: 713-572-4900

Fax: 713-626-9708



S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

The gym manager at the community gym is correct about the waiver not applying to malfunctioning equipment.

You already have the dental bill, but you should also obtain the dentist's report which will document the nature and extent of your injury.  The report will be used to determine the amount of compensation you receive for pain and suffering.  Compensation for pain and suffering is an amount in addition to the dental bill.  Your personal injury claim should include the dental bill, dental report and documentation of your wage loss.  Your personal injury claim should be filed with the insurance carrier for the apartment complex.  Compensation for the dental bill and wage loss is straight reimbursement.  As mentioned above, compensation for pain and suffering should be an amount in addition to the dental bill.  If you are dissatisfied with settlement offers from the insurance carrier, you can reject the offers and file a lawsuit against the apartment complex for negligence.  You will need to file your lawsuit prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.  It would be advisable to speak with a personal injury attorney.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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