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Old
01-21-2011, 01:41 PM
  #26
DIEHARD the King fan
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Quote:
Originally Posted by Tonellisghost View Post
That left pec is gonna be a problem for you for a looooong time my friend. Be reeeeeeeaaaaally careful during rehab.

I had a similar injury once and it was a real mofo to get back.

Sounds like you should post your injury somewhere that a lawyer could read it......I wonder where that would be..........


Sorry again but when will you learn, that is what anabolics are for.
He already did.

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Sounds like a tough case. I don't think you can make one against the gym, but mainly the trainer personally, and I doubt he has much to go after. I would ask Zad or one of our more experienced posters about it, but I would be looking into compensations, probably legal compensations. It has to be done or else you'll just be paying for his mistake.
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.

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Old
01-21-2011, 02:04 PM
  #27
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Originally Posted by DIEHARD the King fan View Post
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.
(Asking this to learn)

I thought that was called Vicarious liability

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Old
01-21-2011, 02:33 PM
  #28
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Originally Posted by Little Bunny Foo Foo View Post
(Asking this to learn)

I thought that was called Vicarious liability
In a sense they are the same thing. Vicarious liability speaks to several situations where one person becomes legally responsible for the acts of another: the employer employee relationship being one of those circumstances. Respondeat superior is the legal doctrine specifically relating to making an employer liable for the acts of its employees.

Vicarious liability is the set, respondeat superior, the subset.

Any other questions?
Allright, there will be a test on Monday.
Have good weekend,
Class dismissed.


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01-21-2011, 02:37 PM
  #29
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Originally Posted by DIEHARD the King fan View Post
In a sense they are the same thing. Vicarious liability speaks to several situations where one person becomes legally responsible for the acts of another: the employer employee relationship being one of those circumstances. Respondeat superior is the legal doctrine specifically relating to making an employer liable for the acts of its employees.

Vicarious liability is the set, respondeat superior, the subset.

Any other questions?
Allright, there will be a test on Monday.
Have good weekend,
Class dismissed.

So I was right and wrong at the same time?

that is kinda cool

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Old
01-21-2011, 05:24 PM
  #30
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He already did.

Really? I mean....really?





Really?



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Old
01-21-2011, 07:21 PM
  #31
The Tikkanen
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Quote:
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.
In most cases, if not all, trainers are not employees of the gym. They pay rent like a hair dresser does for a station at a salon. All checks from their clients are made out to the personal trainer and the trainer is responsible for paying taxes (which is probably not done at all). These guys are cash cows, they make $50 an hour but live very irresponsibly. The best joke I heard about trainers was from my friends GF at the time saying he gets paid to count backwards. IMO, if you sue the trainer there will be nothing to be had. Most of these guys are the type who drive Hummers and rent a room and they spend all their money on weekend getting into females pants.

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Old
01-21-2011, 08:26 PM
  #32
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Quote:
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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Old
01-21-2011, 08:28 PM
  #33
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Originally Posted by Tikkanen View Post
In most cases, if not all, trainers are not employees of the gym. They pay rent like a hair dresser does for a station at a salon. All checks from their clients are made out to the personal trainer and the trainer is responsible for paying taxes (which is probably not done at all). These guys are cash cows, they make $50 an hour but live very irresponsibly. The best joke I heard about trainers was from my friends GF at the time saying he gets paid to count backwards. IMO, if you sue the trainer there will be nothing to be had. Most of these guys are the type who drive Hummers and rent a room and they spend all their money on weekend getting into females pants.
Not that I endorse such an elicit practice, (if that's what you were inferring) but there are worse ways to spend/waste one's money. I been wasting my money lately by paying for my Season tickets


Last edited by DIEHARD the King fan: 01-21-2011 at 08:47 PM.
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Old
01-21-2011, 08:40 PM
  #34
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Originally Posted by Tikkanen View Post
Most of these guys are the type who drive Hummers and rent a room and they spend all their money on weekend getting into females pants.
Sounds about right for most of the trainers I know. We're in the wrong profession I think.

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01-21-2011, 08:41 PM
  #35
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Very interesting read.

Diehard, what kind of law do you practice?

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Old
01-21-2011, 08:47 PM
  #36
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Very interesting read.

Diehard, what kind of law do you practice?
Im a litigator, and I handle both civil (business disputes, personal injury, significant business collections, and occcasionally probate issues) as well as criminal matters. I like to try cases, and if I know the area of the law involved, I capable enough to take the case and run with it all the way . . . hopefully, to the bank!


Last edited by DIEHARD the King fan: 01-21-2011 at 08:55 PM.
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Old
01-21-2011, 08:52 PM
  #37
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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?
Couldnt say, as it depends on lots of factors: amount of medical bills, degree of injury, residual affects, length of healing process, pain, loss of earnings, future treatment and the loss of enjoyment of the activities you could not partake in because of the injuries.

May I suggest you approach him directly and politely, non- threateningly ask him to help out covering the deductibles? If you want to keep him as a friend and such, those determinations are they type of choices only you can make.

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Old
01-21-2011, 08:56 PM
  #38
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Sounds about right for most of the trainers I know. We're in the wrong profession I think.
Bunch of ****ing guidos!

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Old
01-21-2011, 09:14 PM
  #39
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I keep pretty odd hours so I usually go to the gym after midnight, but when I go there during "peak" hours I almost feel like I am going to a used car dealership. Walk in and there are trainers there pouncing on you trying to get you to sign up for training plans and what not.

I assume with the economy in the dumps they are making quite a bit less than they did a few years ago, but still it's quite annoying.

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01-21-2011, 09:32 PM
  #40
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Originally Posted by Herby View Post
I keep pretty odd hours so I usually go to the gym after midnight, but when I go there during "peak" hours I almost feel like I am going to a used car dealership. Walk in and there are trainers there pouncing on you trying to get you to sign up for training plans and what not.

I assume with the economy in the dumps they are making quite a bit less than they did a few years ago, but still it's quite annoying.
That's why I don't go to a real gym anymore. That's why I do Crossfit.

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01-21-2011, 10:13 PM
  #41
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I keep pretty odd hours so I usually go to the gym after midnight, but when I go there during "peak" hours I almost feel like I am going to a used car dealership. Walk in and there are trainers there pouncing on you trying to get you to sign up for training plans and what not.

I assume with the economy in the dumps they are making quite a bit less than they did a few years ago, but still it's quite annoying.
I don't ever see that. The trainers that are in the gym I go to are not scrubs that drives Hondas. They are professionals and classy people that have four year degrees in excersize science and nutrition. I can understand getting annoyed with some trainers though. I've seen that stuff in the past. I've seen some guys at Balley's back home in SoCal that spend the entire time looking at themselves in the mirror rather than focusing on their client.

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Old
01-22-2011, 12:58 AM
  #42
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I don't ever see that. The trainers that are in the gym I go to are not scrubs that drives Hondas. They are professionals and classy people that have four year degrees in excersize science and nutrition. I can understand getting annoyed with some trainers though. I've seen that stuff in the past. I've seen some guys at Balley's back home in SoCal that spend the entire time looking at themselves in the mirror rather than focusing on their client.
A lot of man ******. But, my friends are making $50 an hour to count backwards. I make fun of them because their clients look the same now as they did when they signed up but they don't care. Some people want a trainer because it's a younger, good looking man ***** and some want somebody to push them and talk to them. From what I know there is not a fall off from the economy, there are more fat people in America every day so it seems like a good industry to be in. I do think it's different when you go to 24 or some big, corporate gym. I work out in a smaller gym to avoid waiting for machines or having to look around the dude on roids checking himeself out. Those places seem more like night clubs to me than gyms. As for your case, if the trainer is tied to some sort of company then I'd sue for sure.

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01-22-2011, 06:40 PM
  #43
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Old
01-24-2011, 10:59 AM
  #44
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Old
01-24-2011, 04:41 PM
  #45
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Just got the braces put on today, have to go in Thursday to have 2 baby teeth pulled and an impacted canine tooth surgically exposed. Hopefully getting laughing gas for that but who knows with my stuff nose. All in all I'm not looking forward to it.

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01-24-2011, 05:21 PM
  #46
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Just got the braces put on today, have to go in Thursday to have 2 baby teeth pulled and an impacted canine tooth surgically exposed. Hopefully getting laughing gas for that but who knows with my stuff nose. All in all I'm not looking forward to it.
actual braces or Invisalign?

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Old
01-24-2011, 06:01 PM
  #47
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I am under the influence of our dark lord Nyquil but even then I feel completely dumbtarded about this one. I sat there for a good ten seconds waiting for the tail to finish downloading. Felt so ridiculous. Love the pics keep em coming.

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01-24-2011, 06:04 PM
  #48
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actual braces or Invisalign?
The metal ones. I couldn't get invisalign because I have an impacted canine tooth that they need to bring down and the metal ones are needed for that. I was kinda pissed seeing as I'm 21 but they don't look too bad.

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01-24-2011, 06:08 PM
  #49
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The metal ones. I couldn't get invisalign because I have an impacted canine tooth that they need to bring down and the metal ones are needed for that. I was kinda pissed seeing as I'm 21 but they don't look too bad.
The worst is when you first get them on, they tighten them and you go home and try to eat. Every frickin tooth is sore and then you have to pick the food out of them. Don't miss those days one bit.

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01-24-2011, 06:13 PM
  #50
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The worst is when you first get them on, they tighten them and you go home and try to eat. Every frickin tooth is sore and then you have to pick the food out of them. Don't miss those days one bit.
yup mine aren't completely tightened yet because they left a space for I the surgery on Thurs, but its still feels weird as ****. Spacers were worse imo, the main problem so far is the brackets going into my lips whenever I try and eat something.

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