Visitor Question

Head Injury from Fall in Gym…

Submitted By: Joe (Chicago, IL, USA)

On a snowy Illinois morning, my girlfriend went to our local gym. Once inside, she walked down the steps to the gym floor.

Unfortunately, as she was walking down the steps, she slipped on a puddle and fell down a few steps.

Through the fall, she hit her head.

Once she collected herself, she went to the front desk and explained what happened.

They had her write her name and contact information for the manager to get in touch with her later that day.

Unfortunately, they said that they are not liable for this type of case and failed to wipe up the puddle or even put a caution sign up.

Is the gym liable for her head injuries or not? What can she do to follow-up with her case? Thanks.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Joe,

Whether the gym is liable for your friend’s injuries or not is debatable. It would depend upon the notice they had and the action they took, or failed to take, to remedy what your friend considered a problem.

Unfortunately when it is snowing it is usually freezing. When it is, ice forms. Unless your friend can show the gym failed to make attempts to de-ice the stairs, or fully ignored the danger, your friend won’t have much of a case.

The next, and probably most important issue is your friend’s injuries. The set of facts your present seems to lack any information about her medical treatment, her diagnosis, or prognosis.

If she didn’t incur any medical bills, then she doesn’t have any case at all. That’s because insurance companies pay out their claims based upon negligence and medical bills.

Your friend can’t pursue a case based on her anger or resentment against the gym.

She must have hard evidence of treatment for injuries, proven by documented medical bills and other related expenses.

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

Best of luck,

Published: February 14, 2012

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