Houston, TX asked in Personal Injury for Texas

Q: Gym machine failed while in use and I hit my head on the floor. Visitied hospital and need a CT scan. Legal options?

This gym is an upscale gym in Houston that charges members about $250 per month. They failed to maintain their equipment which caused my injury. I would like to know my legal options.

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2 Lawyer Answers
Penny Wymyczak-White
Penny Wymyczak-White
  • Houston, TX
  • Licensed in Texas

A: You should be able to get your medical bills and loss wages paid for. If there is a injury with pain and suffering you should be able to get damages

Jimmy Doan
Jimmy Doan
  • Houston, TX
  • Licensed in Texas

A: Sustaining an injury at your Houston gym undoubtedly is particularly frustrating and disappointing. You joined the gym in the first instance to improve your overall health and sense of wellbeing. Ending up injured while at the fitness center certainly is a regrettable, seriously negative state of affairs. You may have some legal options available to you to address the injuries you have sustained in this Houston gym injury.

A definitive answer to what legal options may be available to you necessitates an initial consultation and case evaluation with an experienced Houston personal injury attorney. Nonetheless, in advance of such an appointment, some general information about your legal options available to you following a gym accident injury can be helpful.

At least five routes may exist through which you might be able to seek financial compensation to pay for any injuries, damages, and losses that you suffered as the result of what you believe is improperly maintained equipment at your fitness center:

• The fitness center itself may be responsible for the accident

• The manufacturer of the fitness equipment may be responsible for accident

• A manufacturer of a component part of the gym equipment be liable for the accident

• The company that sold the equipment to the fitness center might be responsible for your injuries

• If a third party provides maintenance on the equipment, that individual or company may also be responsible

In Texas, four elements must exist in order for an individual, company, or other party to be deemed legally responsible for an accident that results in injuries. This includes those entities mentioned a moment ago. These are:

• Duty of care

• Breach of duty of care

• Breach was the proximate or foreseeable cause of the accident and injuries

• You sustained actual injuries

I’ll use the fitness center where you have a membership to illustrate these elements. The fitness center or gym has a legal duty to keep exercise equipment properly maintained and in reasonably safe condition. If it can be demonstrated that the equipment you were using when you were hurt was not properly maintained, that would be a breach of that duty or legal obligation to keep you reasonably safe.

The breach of this duty of care – the failure to properly maintain the exercise equipment – has to be shown to the actual and foreseeable reason why the accident that resulted in injuries to you occurred.

Finally, you need to have sustained actual injuries as a result of the accident. It appears that you hit your head as a result of the equipment failure. You may have suffered both physical and perhaps even psychological injuries as a consequence.

The facts and circumstances of the accident coupled with the nature and extent of the injuries you sustained dictate whether or not you may be entitled to compensation in your case. With that said, common examples of injuries and losses for which compensation might be sought include:

• Medical bills

• Lost wages

• Pain and suffering’

• Temporary or permanent disability

• Mental anguish and emotional distress

As mentioned previously, the best way to flesh out whether or not you may have a claim for injuries in this case is to schedule a case evaluation with an experienced Texas personal injury lawyer.

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