Q: I have a question about challenging someone for breach of contract due to deceptive practices and false pretense
I had met with a trainer to help build muscle mass back since I had lost so muscle mass due to a past gastric sleeve and a more recent liver transplant. The contract states that he would provide nutritional and fitness advice to help me achieve my goal. He was made aware of my restrictions. The diet he gave me consisted of 2 shakes, a protein pudding and then 3 meals of my chooseing as long as they had 35G of protein. It totaled to 261.4g of protein daily, the vast majority, if not all of the protein coming from powdered form. A few days into the program I began feeling discomfort in my stomach which worsened each day until I would be cramping so badly I could not work out or even do any activity. I made him aware of the situation many times and asked for alternatives but was told "I'd get used to it" Later I learned that much protein in powdered form can damage both kidneys and liver. He did not fulfill his part of the nutritional part of our contract.
A: A Texas attorney could advise best, but your question remains open for two weeks. Until you are able to discuss with a local attorney, what you describe sounds like it would be a difficult case. I believe it could be challenging to get a law firm to consider handling something like this on a contingency basis. But that's only and individual opinion. The most definitive way to evaluate the matter would be to try to arrange a free initial consult with a Texas attorney. Good luck
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