Can we sue the gym for defective machine?

[vanessa333]

What is the name of your state (only U.S. law)? IL

My brother lives with his girlfriend who owns a condo. She is the legal owner, they did not buy the condo together, but he has been living with her for over a year. He uses the condo-community gym almost every day, and last week he had an accident while at the gym. He was using the same machine that he used a few times a week for the past year, and one of the links snapped and hit him on the top of the head. He was bleeding heavily and went to the ER and now has 7 staples in his head.

We’re wondering if he can sue the condo association for being careless – my brother says the machines are pretty old and he hasn’t ever seen anyone perform any type of maintenance or checkups on the machines. His argument is that he pays condo association fees which cover the use of the gym, so he should be guaranteed machines that won’t snap while he uses them, or condo association should have closed off that particular machine, if it was about to break. He doesn’t have insurance so at least he needs the money to cover the ER bills, but also is wondering if he can win extra money.

On the other hand – there is a notice posted in the gym that says you’re using the gym at your own risk. Please also let me know what type of lawyer he needs. Thank you.

 

[Isis1]

What is the name of your state (only U.S. law)? IL

My brother lives with his girlfriend who owns a condo. She is the legal owner, they did not buy the condo together, but he has been living with her for over a year. He uses the condo-community gym almost every day, and last week he had an accident while at the gym. He was using the same machine that he used a few times a week for the past year, and one of the links snapped and hit him on the top of the head. He was bleeding heavily and went to the ER and now has 7 staples in his head.

We’re wondering if he can sue the condo association for being careless – my brother says the machines are pretty old and he hasn’t ever seen anyone perform any type of maintenance or checkups on the machines. His argument is that he pays condo association fees which cover the use of the gym, so he should be guaranteed machines that won’t snap while he uses them, or condo association should have closed off that particular machine, if it was about to break. He doesn’t have insurance so at least he needs the money to cover the ER bills, but also is wondering if he can win extra money.

On the other hand – there is a notice posted in the gym that says you’re using the gym at your own risk. Please also let me know what type of lawyer he needs. Thank you.

you'll need a lawyer with a sense of humor.

 

[vanessa333]

Isabella - I disagree with you.

Use the gym at your own risk - I understand this as: you pick up a free weight that is too heavy for you, you drop it on your foot, and you later can't sue. The entire situation was your fault.

In this case he was using one of these machines that has links with weights attached to them, and one of the links snapped, due to machine being defective or worn down. This was not his fault.

 

[Isis1]

Isabella - I disagree with you.

Use the gym at your own risk - I understand this as: you pick up a free weight that is too heavy for you, you drop it on your foot, and you later can't sue. The entire situation was your fault.

In this case he was using one of these machines that has links with weights attached to them, and one of the links snapped, due to machine being defective or worn down. This was not his fault.

so when boyfriend signed his HOA lease agreement, it specified the types of injuries they will cover?

 

[Antigone*]

Why on earth did this man use

"pretty old and he hasn’t ever seen anyone perform any type of maintenance or checkups on the machines"

Hw certainly was not worried about his safety right

Look, give the ER bill to the HOA and see what happens. That would be all he is entitled to.

 

[vanessa333]

Good idea, thanks, we will check the HOA agreement, I don't know what it says in regards to gym. If anyone else has any other ideas or comments please let me know. Thanks.

 

[ecmst12]

He would have to prove that the HOA knew that the machine was dangerous and did nothing about it.

 

[HappyWanderer]

Or, that the HOA should have made a reasonable inspection and then warn of known dangers or ones which should have been discovered which are not obvious. Some states have a simple negligence standard.

While the waver is something which will be pled, it is not a sure thing in any state.

No one knows the answer. The law depends on what happened. If the guy is quite injured, he should sue. Let the court decide.

 

[CJane]

If the guy is quite injured, he should sue. Let the court decide.

Well, FIRST, he should present the bill to the HOA and see if they're willing to cover the costs.

 

[ecmst12]

And THEN, he should consult an attorney who is familiar with case law to know whether he's have a decent shot at winning.

 

[cyjeff]

When you informed the condo association that the machines were in poor repair, what did they say?