Quizzes & Puzzles4 mins ago
can i get compensated
I was in the gym and broke my arm when a fitness instructor ask me to balance on a exercise ball and I fill and broke my arm what’s the % of getting anything. And how mach do I ask for. I was told my a legal solicitor its going to cost me nothing, if I don’t win but if I do I am looking at paying £5000 or there abouts I will write to the head office of fitness first and find out what there going to offer and how mach but if I don’t agree on a prise they offer do I fight it or ask for more I don’t what sing any legal documents yet as its not worth fight with the solicitor I take it in my own hands I see what happens first your help is mach appreciated.
Answers
1 to 12 of 12
Best Answer
No best answer has yet been selected by runner44. Once a best answer has been selected, it will be shown here.
For more on marking an answer as the "Best Answer", please visit our FAQ.
-- answer removed --
For you to win you would have to prove that the club had been negligent in a way that directly caused the injury.
If the ball were faulty, or the floor greasy because it needed cleaning, for example.
Or if it should have been clear to the instructor that that particular ball exercise was beyond your capabilities but he insisted you do it.
Accidents easily happen in gyms, but the user has a duty of responsibility and care to himself. There isn't always a negligent party, sometimes it really is just an accident.
If the ball were faulty, or the floor greasy because it needed cleaning, for example.
Or if it should have been clear to the instructor that that particular ball exercise was beyond your capabilities but he insisted you do it.
Accidents easily happen in gyms, but the user has a duty of responsibility and care to himself. There isn't always a negligent party, sometimes it really is just an accident.
None, on what you say. 'Volenti non fit injuria' as lawyers say, 'to the willing there is no actionable injury'. If I do something voluntarily which has an inherent risk. which I ought to see, then I'm assumed to have accepted that risk. You must have seen some risk in what you did, or ought to have.
You may find that there's a clause in the terms for use of the gym which seeks to exclude liability. Some terms are unfair and not enforceable, or otherwise prevented by statute, but nevertheless such a clause may be reasonable and binding in your case and put an end to any claim.
It might be different if the instructor had undertaken to ensure you could not fall and said he'd hold you, you only took part because of his undertaking and he negligently failed to hold you properly, with the consequence that you were injured.
You may find that there's a clause in the terms for use of the gym which seeks to exclude liability. Some terms are unfair and not enforceable, or otherwise prevented by statute, but nevertheless such a clause may be reasonable and binding in your case and put an end to any claim.
It might be different if the instructor had undertaken to ensure you could not fall and said he'd hold you, you only took part because of his undertaking and he negligently failed to hold you properly, with the consequence that you were injured.
runner44: When you say you were balancing on an exercise ball, can we assume you were stood on it (as opposed to sat on it or otherwise?).
Also, Can I suggest that if you are unsuccessful in any financial gain in this ludicrous situation, then you consider contacting a Mr Simon Carr who published the book 'Sour Grapes' which details some of the world most laughable and rediculous lawsuits ever to trouble the courts.
Also, Can I suggest that if you are unsuccessful in any financial gain in this ludicrous situation, then you consider contacting a Mr Simon Carr who published the book 'Sour Grapes' which details some of the world most laughable and rediculous lawsuits ever to trouble the courts.
You sound as if all you are interested in is making a quick buck. No doubt some no win no fee lawyer will take the case on, but people like you are raising the cost of insurance for the rest of us. Accidents happen. Perhaps you were careless or were messing around and did not follow the gym instructor's instructions.........
1 to 12 of 12
