Compound fracture of my big toe...

by Kelly
(Madison, WI)

I dropped a 45 lb weight on my foot at the gym resulting in a shattered compound fracture to my big toe. I notified the gym staff of this incident and they told me that because I caused the injury to myself that they are not liable. Is this true or do they have a medical pay policy?

I'm just wondering if they should help to cover my medical bills beyond what my insurance covers. Thanks for any information you can provide about the gym's liability.

Visitor Question:
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ANSWER for "Compound fracture of my big toe...":

Kelly (Madison, WI):

The gym probably carries liability insurance consisting of medical payments for injured gym visitors. It's up to the gym to decide if they want to submit your injury claim for consideration. Your injury is self-inflicted, as a result there doesn't appear to be any gym negligence. If the gym in fact wasn't negligent, it isn't liable for your injuries and resulting damages.

You might want to speak with the gym owner and ask her if she would agree to submit the claim to her insurance company. It is entirely up to you and your persuasive abilities. Unfortunately from the information you present it appears you don't have the grounds for a successful injury claim or a lawsuit.

At best you might want to take a close look at the weights and see if there was an independent reason for the weight to have fallen. Otherwise hopefully you will be able to convince the gym owner to cooperate in the spirit of "customer relations."

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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