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Injury on Spin Bike

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BTiger

Junior Member
The name of the state I'm in is Florida.


Hello. I am a 18 year old female trying to explain this. Before I do, I just have to say a few things.
1. I am NOT trying to spam links on here for whatever reason.
2. I am a bit slow, so I'm sorry if I don't know legal terms for anything.
3. I'm telling you Everything I and my family knows about this situation.
4. I seriously need help with this situation.
The reason why I said this first is because I tried to ask this same question to another legal "advice" forum, and those people were just incredibly Rude. I seriously need advice on what "Jasmin" would do in this situation. Please try your best to help and Please do not be rude - I'm not trying to be a pain in the butt or anything like that, I just need help. Well, here's the situation.

Jasmin is working out at a gym with her son David. Jasmin is working out at a brand new gym called BN-Fitness along with her son David. Jasmin and David had a choice to sign a waiver for either BN-Fitness or BN-Fitness along with other fitness gyms around the area. David signed the waiver for BN-Fitness along with the other fitness gyms, but Jasmin only decided to sign a waiver for BN-Fitness instead of that gym along with the others.

Jasmin has been working out in BN-Fitness for about two years. Unfortunately, she decided for her and her son to move. Since Jasmin moved, she has to go to another gym called LL-Gym. Keep in mind - Jasmin has Not signed a waiver for LL-Gym, Even though she is allowed to work out there; She only signed a waiver towards BN-Fitness. Jasmin has been working out at LL-Gym for about a year or so. One day, during her spin class, her bike decided to literally breakdown; as a result, she fell very hard. Her son David had to get off work in order to pick her up from the gym.

Because of this, Jasmin decided to get an attorney. She was able to go to rehabilitation for months and she was able to go to the doctor. It turns out that Jasmin has a torn meniscus and needs surgery. Because of the injury, she has gained a lot of weight.

Jasmin's attorneys has been calling her and keeping her up to date with the case. It has been one year since the accident happened. The attorneys have been telling her that the case may be ending soon.
Unfortunately about two weeks after that statement, the attorneys tell Jasmin that since she signed a waiver, the gym will most likely Not be able to pay for any damage that's happened to her. The case will be over, and Jasmin will recieve No money. Keep in mind that this was recently told to Jasmin and the attorneys recently discovered this (gym waivers), even though it has been a year within the case.

Basically, Jasmin's attorneys tell her that there is absolutely nothing she can do. She went to LL-gym for about a year, used Their spin bike that Broke - caused her Injuries that required rehabilitation And surgery for a torn meniscus, and her attorneys tell her that there is Nothing she can do because she signed a waiver; even though she signed a waiver for a Different gym.

The thing is, Jasmin found a website in which a different set of attorneys that says something completely different. (I WON'T post it up here just incase someone thinks that I'm "spamming".) These attorneys claim that regardless of what waiver or contract you sign, you can still recieve compensation.

Is there any way Jasmin could switch attorneys? Is it really true that there is Nothing she can do because she signed a waiver - even though it was for a different gym/she didn't even sign a waiver at the gym she got injured at? If there truly is Nothing she can do about the gym causing her injuries, can she sue the company who created the malfunctioned spin bike? Can she contact the attorneys at the website that explains something differently, even though she is still within a case?


What should Jasmin do in this situation? Please give ALL the advice you can possible give. Once again, please just try to help and do not be rude.
 


Proserpina

Senior Member
And really? The other site members weren't rude to you at all.

In fact, THAT site is known as being much milder than this!
 

Proserpina

Senior Member
You were also advised by an attorney who indicated that without knowing the exact wording of the waiver it was impossible to guess.

(He was correct, btw).


Jasmin really needs to get herself here with her paperwork in her hands. Or, as was also suggested, find another attorney.
 

Mass_Shyster

Senior Member
It seems she's got three choices:

1) Try to convince her present attorney to continue with the case.
2) Find another attorney who will take the case
3) Drop the case.
 

OHRoadwarrior

Senior Member
The waiver Jasmin signed likely contains a clause for associated gyms utilized via her membership card. This is standard in "chain" and "partnering" contracts. Jasmine is free to change attorneys, however, she is unlikely to find an attorney that will "share" the contract with another attorney. Be wary of advertising on attorney's web sites. They generally advertise a given outcome, to attract clients and put a little disclaimer about circumstances and outcomes varying.

If you are for real. I'm sorry about the "suing by the pound" joke on the other site.
 

Dave1952

Senior Member
Jasmin should ask her attorney to review the waiver with her and explain how the waiver applies to the LL-gym. If Jasmin disagrees about the waiver she should find out what the statutes of limitation are in her case and begin shopping for other attornies.
 

BTiger

Junior Member
Idk why but I can't seem to like posts or reply to quotes for some reason (must be my browser)
But I'm pleased with the answers I've received. Btw OHRoadwarrior, it's all good :) No need to be sorry.
 

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