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ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 15743
Experience:  Licensed Texas General Practice Attorney
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I am a member at the ymca and got a fugal that turned into

Customer Question

good morning
JA: Hi. What do you want help with?
Customer: I am a member at the ymca and got a fugal that turned into an infection that landed me into the hospital for five days can the ymca be liable for my injury
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: im sorry Rochester ny
JA: Have you talked to a lawyer yet?
Customer: not yet
JA: Anything else you think the lawyer should know?
Customer: I went to highland hospital july 3rd then had to return to strong hospital july21
Submitted: 3 months ago.
Category: Legal
Expert:  ScottyMacEsq replied 3 months ago.

Thank you for using JustAnswer.

I'm sorry to hear about your situation. The main deciding factor would be whether or not you signed a liability waiver form when you started your membership. It's most likely the case that you did, but do you happen to remember whether or not you did?

Customer: replied 3 months ago.
I am not sure to be honest with you. The ymca that I attend is not the cleanest one I started wearing shower shoes but the damage was already done
Expert:  ScottyMacEsq replied 3 months ago.

Thank you. Please give me a few minutes to type a response...

Expert:  ScottyMacEsq replied 3 months ago.

Understood. Again, though, the liability waiver is the real issue here. It's called a liability waiver because you waive any liability that they might otherwise have. It would have liability for conditions that it knows exist or reasonably knows could exist and that it does not take reasonable action to prevent or warn you of.

As with any business institution, operators of gyms or health clubs owe a duty of reasonable care to its members with regards ***** ***** premises. The gym staff is required to inspect the facilities for the purpose of discovering conditions that may be dangerous to its patrons. According to the tort principles of negligence, a failure to correct dangerous conditions or warn members of dangerous conditions could result in legal liability for the operator. In order to recover under a negligence theory, the patron would need to prove that the gym operator’s failure to inspect the premises was the actual cause of their injuries.

Again, if there's a liability waiver, you're going to have to get around that first. You'd have to show that the waiver is too vague to be a proper waiver of liability (which is very hard). To do so, you'd pretty much need a waiver that has one line or so that says that they're not responsible for anything, etc... But even if you do that, or there's no waiver, you'd have to establish the connection between the fungal infection and the YMCA. That is, that it was the conditions at the YMCA that caused the infection (and not some other place). This could be difficult, and might require that you have biologists trace the specific strain to the YMCA, or at least show others that have had the same infection. So it's not as easy as it might seem.

The best thing to do would be to send them a demand letter, and asking if they have an insurance carrier that could process a claim that you have against them for this. That might be the easiest way to see if they can produce the liability waiver and further see what they might say about whether or not they had other infections. It's an uphill battle, as you can see, especially if there's such a waiver. If there's no waiver, then you should at least seek an attorney. But if there is, it's probably not worth pursuing anymore.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). Thank you, ***** ***** luck to you!

Expert:  ScottyMacEsq replied 3 months ago.

Did you have any other questions before you rate this answer?

Expert:  ScottyMacEsq replied 3 months ago.

Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions)

Expert:  ScottyMacEsq replied 3 months ago.

Should I continue to await your response, or may I assist the other customers that are waiting?

Expert:  ScottyMacEsq replied 3 months ago.

My apologies, but I must assist the other customers that are waiting. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★).

If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

Customer: replied 3 months ago.
Can u give me abt thirty min to reply I'm at work and I now have to contractors that I'm trying to assist I appreciate your service and I will respond and rate also thank you for patients
Expert:  ScottyMacEsq replied 3 months ago.

You can rate me so that this will close out and allow to assist other customers that are waiting in the meantime... I can then answer any follow up questions that you post at a later time...

Expert:  ScottyMacEsq replied 3 months ago.

Are you there?

Expert:  ScottyMacEsq replied 3 months ago.

Hello?

Expert:  ScottyMacEsq replied 3 months ago.

Again,

My apologies, but I must assist the other customers that are waiting. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★).

If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

Expert:  ScottyMacEsq replied 3 months ago.

I see you have not responded in some time. You stated that you will respond and rate, but you have not yet. I ask that you rate so that I can get credit for the time (>1 HOUR) that I spent on your question. Thanks!

Expert:  ScottyMacEsq replied 3 months ago.

Did you have any other questions before you rate this answer?

Expert:  ScottyMacEsq replied 3 months ago.

Hello? ??