Can I sue for my gym’s negligence in not properly training me for a specific workout that it allowed me to engage in?

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Can I sue for my gym’s negligence in not properly training me for a specific workout that it allowed me to engage in?

I tried Crossfit for the first time at a new gym. After my first workout, I woke up the next morning unable to straighten my arms. They were extremely sore, but since the gym had mentioned nothing about the risks of the workout program and did not offer an introductory class for beginners like most of these type of gyms, I figured I was just sore. The trainer knew it was my first day and did not modify the workout for me or carefully instruct me. Then 4 days later, my arms were extremely swollen in addition to the soreness. After quickly researching online, I found out my symptoms were typical of Rhabdomyolosis which is often caused by the excessive “kip” pull ups that were in my workout negative muscle movement. I went to the hospital and was diagnosed with an acute case of “rhabdo” which can result in kidney failure. I was admitted into the hospital for 3 days. I am a healthy 25 year old female who works out regularly. I did sign something when I signed up for the gym but honestly did not read carefully. There are many cases like mine online that resulted in the same or very similar workouts. Do you think I have a case?

Asked on October 1, 2012 under Personal Injury, Georgia

Answers:

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

Answered 8 years ago | Contributor

You can sue the gym for negligence.  Negligence is the failure to exercise due care (that degree of care that a reasonable gym would have exercised under the same or similar circumstances to prevent foreseeable harm).  Prior to filing a lawsuit for negligence against the gym, it may be possible to settle the case with the gym's insurance carrier.  When you complete your medical treatment and are released by the doctor, 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.  Compensation for wage loss is straight reimbursement.  The medical reports will document the nature and extent of your injury, and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills.  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 your lawsuit for negligence against the gym.  If the case is NOT settled with the gym's insurance carrier, you will need to file your lawsuit for negligence against the gym prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


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