If while at my gym a piece of equipment broke and hit me in the face, can I sue?

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If while at my gym a piece of equipment broke and hit me in the face, can I sue?

My job depends on my face and I may now not be able to work due to a cut and swelling on my nose. I have multiple witnesses.

Asked on May 26, 2014 under Personal Injury, Colorado

Answers:

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

Answered 7 years ago | Contributor

Prior to filing a lawsuit against the gym for negligence, it may be possible to settle the case with the gym's insurance carrier.  Contact the gym to obtain the name, address and telephone number of its insurance carrier.  Inform the gym and the insurance carrier in writing that you will be filing a personal injury claim.

When you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary which means having reached a point in your medical treatment where no further improvement is anticipated, obtain your medical bills, medical reports and documentation of any wage loss.  Your personal injury claim filed with the gym's insurance carrier should include these items.

Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of your injuries and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.

If the case is settled with the gym's insurance carrier, NO lawsuit is filed.  If you are dissatisfied with settlement offers from the gym's insurance carrier, reject the settlement offers and file a lawsuit for negligence against the gym.  If the case is NOT settled with the gym's insurance carrier, your lawsuit against the gym for negligence must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


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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