Slip and fall at the gym

[sara03]

What is the name of your state (only U.S. law)? Maryland
Situation
=========
I purchased a 3 month membership for a gym. On the very first day I joined the gym, the gym was so careless that they had left an unused treadmill running on which I stepped on, and had a violent fall. As a result I have incurred and incurring costs related to first aid, doctor, imaging, physical therapy, while being unable to use my 3 month gym membership.

Problem:
========
I requested the gym to reimburse costs incurred as well as costs for pain and suffering, approximately $10,000 in total. However, I received a statement from their lawyer today, that because I signed a contract agreeing to discharge them from any claims, they are not obligated to pay me any monies.

My Questions
===========
1. How much weight does he contract have?
2. Doesn’t the gym have a duty of care to properly maintain their equipment
3. What is my recourse: small claims, mediation, anything else you recommend?
4. What is your opinion and what are my chances of winning?

 

[Antigone*]

What is the name of your state (only U.S. law)? Maryland
Situation
=========
I purchased a 3 month membership for a gym. On the very first day I joined the gym, the gym was so careless that they had left an unused treadmill running on which I stepped on, and had a violent fall. As a result I have incurred and incurring costs related to first aid, doctor, imaging, physical therapy, while being unable to use my 3 month gym membership.

Problem:
========
I requested the gym to reimburse costs incurred as well as costs for pain and suffering, approximately $10,000 in total. However, I received a statement from their lawyer today, that because I signed a contract agreeing to discharge them from any claims, they are not obligated to pay me any monies.

My Questions
===========
1. How much weight does he contract have?
2. Doesn’t the gym have a duty of care to properly maintain their equipment
3. What is my recourse: small claims, mediation, anything else you recommend?
4. What is your opinion and what are my chances of winning?

I have a question of my own for you. Why would the gym be responsible for you stepping onto a piece of equipment that was left on by another member? How much of this responsibility should you bear?

 

[Mass_Shyster]

What is the name of your state (only U.S. law)? Maryland
Situation
=========
I purchased a 3 month membership for a gym. On the very first day I joined the gym, the gym was so careless that they had left an unused treadmill running on which I stepped on, and had a violent fall. As a result I have incurred and incurring costs related to first aid, doctor, imaging, physical therapy, while being unable to use my 3 month gym membership.

Problem:
========
I requested the gym to reimburse costs incurred as well as costs for pain and suffering, approximately $10,000 in total. However, I received a statement from their lawyer today, that because I signed a contract agreeing to discharge them from any claims, they are not obligated to pay me any monies.

My Questions
===========
1. How much weight does he contract have?
2. Doesn’t the gym have a duty of care to properly maintain their equipment
3. What is my recourse: small claims, mediation, anything else you recommend?
4. What is your opinion and what are my chances of winning?

I seem to recall that a contract can disclaim ordinary negligence, but cannot disclaim gross negligence.

1) I don't know. I haven't read it.

2) Does the gym have a duty of care to turn off a machine that the customer did not?

3) Can you sue for $10K in small claims in your jurisdiction? I suspect if you sue in small claims, the defense will remove the case to trial court as a matter of course.

4) My opinion is that you should be more careful. I don't think you have good chance of winning.