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Ely, Attorney
Category: Business Law
Satisfied Customers: 102162
Experience:  Counselor at Law.
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A man accidentally walked into the Women's locker room. The

Customer Question

A man accidentally walked into the Women's locker room. The Woman was naked. There was another gym member that witness it. What can be done from a legal or advice perspective. The woman does not feel comfortable working out in the same gym anymore because
a man saw her naked. This happened in the New York Sports club in New York city.
Submitted: 2 years ago.
Category: Business Law
Expert:  Ely replied 2 years ago.
Hello and welcome to JustAnswer. Please note:
(A) This is general information and is not legal advice. No specific course of action is proposed herein. No attorney-client relationship or privilege is formed by speaking to an expert on this site. This is repeated in numerous disclaimers throughout the site. By continuing, you confirm that you understand and agree to these terms; and (B) there may be a slight delay between your follow ups and my reply while I am typing out my answer.
Does the woman accept the premise that the man walked in by accident? Or, does she feel he did this on purpose?
This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 2 years ago.
it was an accident. The man apologize and quickly walk outside. But being seen nake by a gym member of the same club makes the woman feel very uncomfortable. This is the 2nd time that this happened in NYSC. Once in new york gym, then another time in new Jersey gym. A man has walked into the Woman's locker room.
The woman spoke to the manager of NYSC (gym), the manager also asked if it was an honest mistake. Woman said yes, it was a mistake. manager did not really offer anything to the woman. What do you think the gym can offer to the woman?
Expert:  Ely replied 2 years ago.
Thank you.
Frankly speaking, there is little the gym can offer than perhaps letting her out of the contract.
To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state because they all stem from the same common law. A pleading in Court needs at least one cause of action, although it is not unusual to have more than one.
Here, the gym is not liable because they cannot reasonably require a "guard" at the women's locker room.
The man may be liable (very unlikely), but then the woman has to sue the man - the contractual relationship between the woman and the gym is unaffected by the man's actions.
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