Has anyone else been hurt at a healthclub getting on a treadmill someone else left on?


broke my collarbone and needed to get surgery ( 2 metal plates and 6 screws) because someone else left the treadmill on. The gym has taken no responsibility. Has anyone be in a similar situation? What did u do? Did you get legal representation? My medical bills are calculation up. HELP. Thanks It was left on during rush hour 7pm. No real marked signs it is on beside small logo that was faded. When you see a treadmill open you grab it! Plus- this have apparently happened before in same gym.
Best Answer:
Talk to a personal injury lawyer to find out whether he think you have a case. Initial consultations are usually free.
The visible sign would be the movement of the treadmill belt. Sure, you can sue but you have some problems: 1) A jury might find it is your own fault for not looking down and seeing the moving belt previously stepping on, 2) the gym is probably not liable for the acts of others, meaning the person who gone the thing running, 3) the gym rules that you probably signed up for somewhere release the gym from liability. See a personal injury lawyer.
Of course the gym isn't accepting liability. First, they will point to the reality that your membership contains a waiver of liability for exactly these types on injury. Second, they will argue that the danger was amenable and obvious and that it is not negligent for them to fail to take on a person who runs around to every treadmill ensuring that it is turned off. Third, they will argue that you be contributorily negligent. How would a sign have helped you avoid a running treadmill? Signs are great for manufacturer to dodge liability, but they are typically not needed where the injury was the result of an unforeseeable circumstance or of sloppy conduct (e.g. saws need not have signs proverb "Do not juggle"). You jumped on a running treadmill without checking to see if it was on, it's clearly your quirk.