OT: Hornsports attorneys? PM me please

[Sirhornsalot]

I have a few questions about an incident that took place in a gym two days ago, related to equipment.

Thanks in advance.

 

[monarch]

I have a few questions about an incident that took place in a gym two days ago, related to equipment.
Thanks in advance.

...no attorney here. actually, far from it, but is everything ok...

 

[Sirhornsalot]

Yea, everything is fine, sorta.

 

[monarch]

Yea, everything is fine, sorta.

...care to elaborate upon the pm...

 

[Sirhornsalot]

It's not really anything I need to hide, just thought I'd keep traffic on the thread to a minimum by pointing to a PM.

Basically, my son went into 24 Hr Fitness two days ago and worked out. The work out ended with him injuring his thumb pretty badly as result of a machine that was not bolted down, but was supposed to be bolted down. The machine malfunctioned resulting in his injury.

I thought not much of it at first, but he saw a trainer at LHS today who says he may need more serious attention. He's wondering if a ligament isn't damaged.

 

[monarch]

It's not really anything I need to hide, just thought I'd keep traffic on the thread to a minimum by pointing to a PM.
Basically, my son went into 24 Hr Fitness two days ago and worked out. The work out ended with him injuring his thumb pretty badly as result of a machine that was not bolted down, but was supposed to be bolted down. The machine malfunctioned resulting in his injury.

I thought not much of it at first, but he saw a trainer at LHS today who says he may need more serious attention. He's wondering if a ligament isn't damaged.

...you may want to consult immediately with the 24-hour fitness management. not only as per the sake of assisting your son with any medical needs, but to also make certain that they adequately survey / service the particular equipment that allegedly caused your son's injury. this is to ensure that no else is caused any future harm / damage. get your son to a medical clinic quickly, so that you may have adequate paperwork / records on file. hope he's doing ok...

 

[Lord Vader]

Contact @Athenslawyer (Steve Green) on here or twitter. He may have some ideas.

 

[tshirtfan12]

Randolph Duke has said he was an attorney

 

[Delt2000]

Sirhorns- we tried to meet up a year or two ago about your insurance as an ins agent- I sure would make their management aware and ask they put their insurance carrier on notice their might be a claim. Not sure if you need a lawyer yet just if the claims process goes down hill. He probably signed a waiver to begin with but if the equipment wasn't properly installed or malfunctioned then their ins coverage should pick it up.

You are well within the statute of limitations but filing a claim sooner rather than later is always better

One of the most import controls a gym should have in place is a daily check of all equipment to make sure its in working order

 

[Sirhornsalot]

Sirhorns- we tried to meet up a year or two ago about your insurance as an ins agent- I sure would make their management aware and ask they put their insurance carrier on notice their might be a claim. Not sure if you need a lawyer yet just if the claims process goes down hill. He probably signed a waiver to begin with but if the equipment wasn't properly installed or malfunctioned then their ins coverage should pick it up.
You are well within the statute of limitations but filing a claim sooner rather than later is always better

One of the most import controls a gym should have in place is a daily check of all equipment to make sure its in working order

Thanks for the advice. Not sure if it makes a difference, but my son was a guest of a member (a friend of his). He's not a member of 24 Hr Fitness. My wife and I are though.

 

[Blue Horn]

Thanks for the advice. Not sure if it makes a difference, but my son was a guest of a member (a friend of his). He's not a member of 24 Hr Fitness. My wife and I are though.

It doesn't make a difference if he was a guest. From what you have stated, it sounds like they are liable. Before you resolve the situation, make sure you know the full extent and damages your son has suffered. If you did not make a report or let someone know when the accident happened, they may very well fight you on it saying that it did not happen. If you can, you need to go back and take some pictures and direct the manager to where the machine is so that both of you can view the problem. Then again someone else may have complained so that 24 hour already took care of it. Either way, I would not wait to get the evidence you need before it disappears.

I also would not worry about the waiver. He was hurt do to the direct negligence of 24 hour fitness, and I can almost always get around a waiver.

 

[bbdude]

Mark, I hope your son is ok, my friend. He has a lot to look forward to in the future! Best of luck with getting him back to full-strength and getting this resolved.

 

[Sirhornsalot]

It doesn't make a difference if he was a guest. From what you have stated, it sounds like they are liable. Before you resolve the situation, make sure you know the full extent and damages your son has suffered. If you did not make a report or let someone know when the accident happened, they may very well fight you on it saying that it did not happen. If you can, you need to go back and take some pictures and direct the manager to where the machine is so that both of you can view the problem. Then again someone else may have complained so that 24 hour already took care of it. Either way, I would not wait to get the evidence you need before it disappears.
I also would not worry about the waiver. He was hurt do to the direct negligence of 24 hour fitness, and I can almost always get around a waiver.

Thanks for the advice. I'm returned your PM, too. FYI, just after it happened, my son and his friend both went to the supervisor on duty and informed them of the accident and injury and also the problem with the machine. I've not been there since the incident. So they're aware something happened and that there's a problem with a machine.

 

[Blue Horn]

I just sent you another pm on how to document the evidence needed in this case. I doubt you will need a lawyer, but if the injury is sever, you may. Often times when I help a friend out, I can make a phone call and get the matter resolved. Please feel free to call me, and I will help guide you.

For now, I have to run to a school function for one of my daughters.

 

[Bandit]

Thanks for the advice. I'm returned your PM, too. FYI, just after it happened, my son and his friend both went to the supervisor on duty and informed them of the accident and injury and also the problem with the machine. I've not been there since the incident. So they're aware something happened and that there's a problem with a machine.

Ask 24 hr if they have med pay insurance. It is a goodwill coverage for businesses for people who come on your premises that will reimburse you up to the limits of their coverage, typically $2500, $5000 or $10,000. It is also available for up to 12 months from the date of the accident. This coverage does not eliminate your ability to file a General Liability claim against 24 hr.

If you would like to discuss further, send me a PM and I will give you a call or you can call me.