Can I sue my gym for causing me a personal injury?
Recently I was working out at the gym at my apartments when a piece of their equipment malfunctioned due to lack of maintenance. The equipment broke my two front teeth. This cost me $4000 in dental work and lost time at work. The apartments acknowledge that it was their fault. There was a camera in the gym and lots of pictures were taken as proof. However, they are trying to avoid reimbursing me for my dental work and lost time. They claim they are not liable because I signed a waiver saying that I work out at my own risk. The gym manager at my local community gym says this is false. He said that this only applies if you hurt yourself at your own doing but if I am hurt because they failed to maintain their equipment, then they are at fault. Can I sue them for my dental damages and lost work time?
Answered By: Andrew T. Velonis, P.C.
You do not assume the risk of someone else's negligence. Also, the waiver might be void by reason of the General Obligations Law, but research would be needed to make that determination, plus that would probably require a ruling by a court.
Answer Applies to: New York
Replied: 9/21/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: New York
Replied: 9/21/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: The Law Office of Stephen R. Chesley, LLC
If you were injured as a result of someone's negligence, you may sue for your personal injuries. It appears on its' surface that you may indeed have a cause of action for your personal injuries.
Answer Applies to: New York
Replied: 9/20/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: New York
Replied: 9/20/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
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