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01-21-2011, 09:26 PM
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Originally Posted by DIEHARD the King fan View Post
He already did.

You quite likely have a case against both the gym and the trainer. I dont know the details of relationship between the gym and the trainer but if he is employed by the gym and he did something wrong, (and the head trainer admitted as much to you), the trainers wrongful conduct will be imputed to the gym. The legal theory is called respondeat superior in which the employer is resposible for acts of their employees provided those acts are done in the course and scope of employment.

You need to speak with a personal injury attorney with a good reputation in the state where you live. Call the State Bar. Speak to several before you sign a retainer. Go back to the head trainer and confirm again what he said about the incident being the trainers fault. People often change their story to suit their own needs, particularly when it comes to damaging admissions made at the time of an accident or incident. Maybe take someone with you to hear it and witness it, or see if that person will give a recorded statement.

Sucks that you got hurt, making a mess of what you were working towards. The injury and the loss of the opportunity to hit your workout goal, etc is a compensable injury that you shouldn't have to suffer. The gym likely has insurance for just such an occurence. Take it easy with your injuries, and Good Luck.
The trainer works for a third party company that works inside of the gyms. The training company is to the best of my knowlege the most respected in the country. I'd wager that the trainer is worth a lot. He drives a eighty thousand dollar car and owns an amazing house. I'm dropping 65 dollars every half hour and I assume he gets a good chunk of that. He is pretty renown being that he is Grant Wistrom's personal trainer as well as Brad Pitt's trainer when Brad comes to live at the house he owns here. He's got a lot to lose and I'm struggling to do it to him since he's probably one of my top 10 friends. He's been constantly visiting me and is very sorry.

I called my other friend (the lead trainer) to ask him his opinion as to what I should do. He said that what he told me was not as a professional but as a friend and that he won't put his name on anything. He said that off the record he will help me with the case and allow me to talk to wittnesses and conduct that business in the gym but other than that I'd just have to understand his position.

I don't even know if it's worth it. I signed a waiver saying that any injury isn't their fault but I'm sure that doesn't take into account their employees recklessness. I'm not rich by any means but I'm not in any need of money so unless I can get my bills paid and then come out 70 grand plus I don't think it's worth screwing this guy. The money can go a long way to giving me some security but friendship is sometimes just as valuable. With that said, I know legal people don't like to throw out ballpark numbers and I've been semi vague but is there a chance the pay out would be substantial?

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