hello - i got injured working with a trainer. Slipped a disc in my back. I signed the regular waiver. do i have a case?
Country relating to Question: United States
nothing. gone to physio...in pain. have been advised to find a lawyer.
Good evening. Thanks for using this service. May I ask which State you live in?
Perfect. That's where I practice.
I handle a lot of cases like this.
ok- do you think i have a case?
It depends. Do you mind if I ask you a few questions?
please go ahead
Did the trainer do anything that was out of the ordinary, when your back got hurt?
well firstly let me take a step back and explain. the employee/trainer in the gym saw me working out a week before and approached me saying that i was not squating properly. So he wanted to give me a few sessions to show me how to work out effectively. The particular day i got injured he had me pushing a blue crate with weights on top. He aske dme how i felt. I wold him that m back was in a lot of pain. He told me it was just muscular pain and to keep going...that weekend i had to go to the hospital since i couldnt walk for a few days.
im done explaining :)
It is possible in New York, even with a waiver, to sue a personal trainer for negligence if, under the circumstances, the trainer was aware that he was placing you in a situation where you had an enhanced danger of injury. When you said your back was in a lot of pain, the trainer should have instructed you to stop. It is not an airtight case, but you could probably survive a Summary Judgment motion based on the waiver. I recommend you consult a personal injury attorney to preserve your rights. There is a 3-year Statute of Limitations.
summary judgement motion - what does that mean? and do you have any personal injury lawyers in mind?
i will probably be looking for an attorney that will get paid if it settles. Ive been paing a lot of medical expenses already for this
A summary judgment motion is a written request to the court to dismiss a case on the grounds that the facts and the law are so clear that no trial is required.
I don't think I am allowed to recommend any particular attorney, per the terms of this web site.
where in NY are you located?
i go injured at work - i work in the financial district. live in brooklyn
I grew up in Brooklyn. I practice on Long Island.
There is certainly no shortage of lawyers in NYC. :-)
ok ill look online
are u a personal injury lawyer as well?
Hang on for a minute and let me check to see if I'm allowed to give you some guidance on finding a lawyer.
I don't think it's allowed. But I hope I've been of help. Please click "accept" if I have.
ok yes thank you its ok-
26 years litigating important insurance and injury cases; well-known legal author
I meant to mention that the basis of personal training in the gym is only for a certain level within the firm and above. The trainer was aware that i was not eligible for any training. Does this help my case at all?
Is this personal trainer part of the company you work for?
yes its a company gym. I believe they hired another company to manage the gym downstairs but its definitely a company gym.
If the trainer is an employee of your company, you cannot sue him. However, if your company provides the gym you may be eligible for workers compensation. You should file a report with your company's HR or comp director.
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