Fractured Ankle in Fitness Class...

by Mari
(New Jersey)

I was taking a fitness class using a step-up and while stepping I'm not sure if I lost my balance or what happened, but I fell and injured my ankle. I was in front of the class so I'm sure the instructor saw me down, since there are mirrors throughout the wall. She did not stop and continued her class.

I was helped my the person behind me and I got up and walked myself to the back of the class and sat down. At this time I thought I had just fallen, but as I went to get up my ankle gave in on me. I thought it was just a twisted ankle.

I waited for the class to be over as my sister was taking the class with me and once it was done she helped walk me to my car. We passed the front desk and they saw me limping and did not say anything. Once I got home the pain was unbearable and I was rushed to the ER. I found out I had fractured my fibula.

Unfortunately, I did not make the incident report at the gym at the time, but I called the gym the next day and did the report over the phone. I called their corporate offices and they said I had to contact my local gym and freeze my account.

I feel I was neglected because the instructor did not help me at the time I fell and no one at the gym did anything to help me out. Should I contact a lawyer? Are they responsible for my hospital bills? Thanks.

Visitor Question:
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ANSWER for "Fractured Ankle in Fitness Class...":

Mari (New Jersey):

You really don't have a case. The gym instructor is not liable for any of your medical bills. You broke your fibula. The gym and the instructor didn't have anything to do with it. You volunteered to take the class and you understood the dangers, if any, of exercising.

The first thing which comes to mind is your own sister not thinking your injury was serious enough to stop her exercising and come to your aid. And if she was your sister there is a good possibility she may have been exercising right next to you.

She waited until the class was over before helping you limp out. If anyone was uncaring, it seems that person may have been your sister. Maybe she should be responsible for your medical bills or maybe, just like the instructor, she didn't realize your injury was serious enough to stop the class and attend to you.

If your own sister didn't realize you were seriously injured, then how would you expect the instructor to know? On top of that, the instructor was teaching a class!

When you limped out past the front door you didn't stop to ask them to call an ambulance. With your sister's aid you simply limped out past the front desk.

If every time a person who played sports broke a bone, and sued because they didn't think the coach "cared enough," our already litigious society would swell even more. You can't sue someone because they hurt your feelings. When it comes down to it that's what really happened.

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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