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  #1  
Old 05-04-2005, 12:55 PM
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Posts: 24

Gym accident, please help!

What is the name of your state?What is the name of your state?NY

I was working out in the gym 2.5 years ago. The gym was overcrowded with members and the area next to the rack with free weights had only 2 mirrors. There was very little space. I was using free weights when my right hand came in contact with left hand of another member also using free weights. I stood far enough from the guy, or so I thought... there was no mirror between us so I couldn't see. However, when we lifted weights simultaneously our hands came in contact. The guy suffered a broken finger, needed surgery and had no medical insurance, claims medical bills were $15k.

The guy never blamed me for the accident, he said that the accident was due to dangerous condition in the gym. He got a lawyer right after the occurence. The lawyer was negotiating with the gym, I never got any demands for compensation from the guy or his lawyer in 2.5 years!

All of a sudden, last month a guy files a lawsuit against the gym and names me as a second defendant. He blames the gym for da*****us and unsafe work area and blames me for negligence using free weights.

The gym responds with denial and files a cross-claim against me stating that if it is found liable to the guy, I should be responsible for all or part of the verdict.

What do I do? Please help! I am not a rich person, I don't have a car or real property but I do have a job..any suggestions?
  #2  
Old 05-04-2005, 02:19 PM
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Join Date: Jun 2004
Posts: 7,586
Quote:
Originally Posted by nyhelp
What do I do? Please help! I am not a rich person, I don't have a car or real property but I do have a job..any suggestions?
Hiring a lawyer to respond to the complaint(s) might not be a bad idea.
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Quote:
Originally Posted by me
Then start crying uncontrollably. If that doesn't work, fill your pants with shaving cream and start screaming about the voices in your head. Maybe they'll feel bad enough about your other problems and let you out of the ticket.
  #3  
Old 05-04-2005, 02:23 PM
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I had a friend of mine help me with complaint. He is in the last year of law school.

I guess I should rephrase my question. How liable am I in this case? Does the guy have a case against the gym?
  #4  
Old 05-04-2005, 03:53 PM
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Quote:
Originally Posted by nyhelp
I had a friend of mine help me with complaint. He is in the last year of law school.

I guess I should rephrase my question. How liable am I in this case?
Given that I wasn't there to witness anything and am just going by your post, it sounds like it was you who caused the weight to hit the plaintiff's finger, thus breaking it.
Quote:
Does the guy have a case against the gym?
Possibly. Plus, they're the ones with the insurance policy (and "deep pockets").
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Quote:
Originally Posted by me
Then start crying uncontrollably. If that doesn't work, fill your pants with shaving cream and start screaming about the voices in your head. Maybe they'll feel bad enough about your other problems and let you out of the ticket.
  #5  
Old 05-04-2005, 04:21 PM
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Is there a deep pocket rule? For example gym and myself are found liable. Does gym have to pay more then me?

Thanks
  #6  
Old 05-04-2005, 06:09 PM
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Quote:
Originally Posted by nyhelp
Is there a deep pocket rule? For example gym and myself are found liable. Does gym have to pay more then me?

Thanks
Not exactly. What may happen if you and the gym are both found liable by a judge/jury, then the plaintiff can (potentially) collect 100% of the judgment from the gym, the party who has the money. Then the gym, in turn, is free to go after you to collect your pro rata share of the judgment they paid to plaintiff.

Of course, if you have no assets, they might not be overly aggressive about collecting.

In any event, you'll need to defend yourself in this suit one way or another.
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Quote:
Originally Posted by me
Then start crying uncontrollably. If that doesn't work, fill your pants with shaving cream and start screaming about the voices in your head. Maybe they'll feel bad enough about your other problems and let you out of the ticket.
  #7  
Old 05-04-2005, 07:14 PM
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Tell your law student buddy to file a cross claim for contribution (CPLR §1401 through §1403) and to allege affirmative defenses of contributory negligence or assumption of risk (CPLR §1411) and limited liabiltity (§1601)
  #8  
Old 05-04-2005, 07:55 PM
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Quote:
Originally Posted by Peetie
Tell your law student buddy to file a cross claim for contribution (CPLR §1401 through §1403) and to allege affirmative defenses of contributory negligence or assumption of risk (CPLR §1411) and limited liabiltity (§1601)
And then remind your law school buddy of NYSBA Ethics Opinion 304 re: law school students doing just that. (Hint in case you can't find it online: they're not allowed).
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Originally Posted by me
Then start crying uncontrollably. If that doesn't work, fill your pants with shaving cream and start screaming about the voices in your head. Maybe they'll feel bad enough about your other problems and let you out of the ticket.
  #9  
Old 05-04-2005, 08:15 PM
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I appreciate all the responses, thank you!

This is a total nightmare for me, I never had any kind of accidents in my life and never been sued.

Any estimate how much a plantiff can get in this case? I heard a rule of 3 times the medical bills being used by insurance companies in car accidents. Does this apply here? The guy claims the expenses were 15k...he was recovering from surgery for 6 weeks..he didn't stay in the hospital neither was he confined to bed, I doubt he missed any work days maybe 1 or 2.

Any ideas?
  #10  
Old 05-05-2005, 10:12 AM
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Quote:
Originally Posted by nyhelp
I appreciate all the responses, thank you!

This is a total nightmare for me, I never had any kind of accidents in my life and never been sued.

Any estimate how much a plantiff can get in this case? I heard a rule of 3 times the medical bills being used by insurance companies in car accidents. Does this apply here? The guy claims the expenses were 15k...he was recovering from surgery for 6 weeks..he didn't stay in the hospital neither was he confined to bed, I doubt he missed any work days maybe 1 or 2.

Any ideas?
Potentially how much? More than $25,000 and less than a godzillion dollars. As a practical matter, there is no way to guesstimate the result. But the odds are if he's not looking for more than say, $25-$30k, it will be cheaper for the gym to settle the case than to try it in court.
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Quote:
Originally Posted by me
Then start crying uncontrollably. If that doesn't work, fill your pants with shaving cream and start screaming about the voices in your head. Maybe they'll feel bad enough about your other problems and let you out of the ticket.
  #11  
Old 05-05-2005, 10:33 AM
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I appreciate the responses! Thank you very much!
  #12  
Old 05-05-2005, 11:47 AM
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Join Date: Sep 2004
Posts: 1,923
You should obtain a copy of the gym membership agreement. Every agreement I've ever seen doesn't allow for sueing the gym for accidents on the premises and require all members to sign a waiver when they join.

You should see if the agreement precludes the other person from sueing you too.
  #13  
Old 05-05-2005, 12:06 PM
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Posts: 7,586
Quote:
Originally Posted by teflon_jones
You should obtain a copy of the gym membership agreement. Every agreement I've ever seen doesn't allow for sueing the gym for accidents on the premises and require all members to sign a waiver when they join.

You should see if the agreement precludes the other person from sueing you too.
You're entering dangerous waters with that. NY, (as far as I know) is the only state that has prohibited gyms from enforcing such waivers.

Quote:
Originally Posted by NYS GOL
§ 5-326. Agreements exempting pools, gymnasiums, places of public
amusement or recreation and similar establishments from liability for
negligence void and unenforceable. Every covenant, agreement or
understanding in or in connection with, or collateral to, any contract,
membership application, ticket of admission or similar writing, entered
into between the owner or operator of any pool, gymnasium, place of
amusement or recreation, or similar establishment and the user of such
facilities, pursuant to which such owner or operator receives a fee or
other compensation for the use of such facilities, which exempts the
said owner or operator from liability for damages caused by or resulting
from the negligence of the owner, operator or person in charge of such
establishment, or their agents, servants or employees, shall be deemed
to be void as against public policy and wholly unenforceable.
So even if one exists, it might not hold up in court.

(Of course, this assumes the gym was locted in NY).
__________________
Quote:
Originally Posted by me
Then start crying uncontrollably. If that doesn't work, fill your pants with shaving cream and start screaming about the voices in your head. Maybe they'll feel bad enough about your other problems and let you out of the ticket.
  #14  
Old 05-05-2005, 12:09 PM
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Join Date: May 2005
Posts: 24
Yep,

There are 44 negligence cases against the gym in my county alone in the past 5-6 years. And I don't see them being dismissed. The gym is in NY....
  #15  
Old 05-05-2005, 05:06 PM
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Join Date: May 2005
Posts: 24
One more thing. I can't afford a lawyer at this time. I am thinking to get one if the case goes to trial..do you think it is a good strategy?

Thanks
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