Q: Do I have any claims against the business even it states in a signed form that it is not liable for the injury?
As I walking on the treadmill, I tried to tell a girl who used it wrongly and dangerously. The girl did not hear me as she put on the headphones. I did not notice the warning light. A few minutes later, I was panicked and stopped the machine which was wrong. I should have slowed down the machine instead because the belt was loose. I then was flew into the girl and we were both injured. The gym said they’re not responsible because I signed a bunch of papers including the signee has been instructed on how to use the treadmill (they did not instruct us as they claim they’re short of staff) and promises not to sue if they’re injured by using the treadmill. Evidence also showed that the treadmill company that the gym regularly buy from use a cheaper quality of belt to save money (up to this point, has not resulted in any injuries).
make an appt with a local PI lawyer who can review your contract.
they can't just say they do not have liability.............
A: I agree with Mr. Gribow. Consult a personal injury attorney who will review the contract you signed with the gym. If their machine was defective they cannot just tell you they're not liable. You usually cannot waive liability for their negligence or for a defective product.
A: Many gym contracts contain a waiver of liability provision. There are exceptions to this waiver however. It would be best to seek out an experienced personal injury attorney to review the paperwork you signed when you started with the gym and to review your case.
Whether you have any claims against the business would depend on various factors, such as the specific language in the agreement you signed, whether the gym fulfilled its duty of care to its patrons, and whether the girl who used the treadmill wrongly and dangerously also contributed to the injury.
Even if you signed a form waiving liability, there are some circumstances where such waivers may not be enforceable in California. For example, the waiver may be deemed invalid if it violates public policy or if it waives liability for gross negligence, intentional harm, or willful misconduct.
It may be helpful to consult with a personal injury attorney in California who can review the specifics of your case and advise you on your options.
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