Injured from Taking a Yoga Class...

by Maria
(Irving, TX, USA)

I joined a gym 3 months ago and they offered all kinds of classes including yoga. They have 3 or 4 yoga instructors. A month ago I took a yoga class and it was really intense yoga.. She didn't give any instructions to do the postures in an easy way. After I came home I was feeling really poor and the next morning I had really bad pain in the right side of my neck.

I didn't go to the doctor because I thought it was just a muscle pain. After 1 week I couldn't raise my arm above my head and there was no strength in my right arm. I went to my general physician and after an exam he told me to have an MRI. I told him I didn't have any medical insurance to cover the MRI, so he prescribed me some steroids and told me to see an orthopedic doctor.

I took the medicine and had a bad side effect so I didn't take it the next day. I went to my gym to told them about my injury but they didn't take it seriously and said they would have the fitness coaches' manager call me. I waited all day for the call but was never contacted. The next day I called them and said I needed to make an appointment with the fitness coach.

Eventually they transferred me to him and he scheduled me for a fitness orientation. The next day I went there and had my fitness orientation but it had no point, she told me to do some exercises for the pain. I felt dizzy after the training and she also told me to go to see an orthopedic doctor.

My question is: I'm a full time house wife with a 6 year old child and I don't have any kind of insurance. I also wasn't able to do my household work while injured. Is it my responsibility to pay the doctor and for all kinds of expensive tests? Is there any way I can get help to pay for the medical tests and treatment? Thank you.

Visitor Question:
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ANSWER for "Injured from Taking a Yoga Class...":

Maria (Irving, Texas USA):

Probably not. You volunteered to take the class. At a lesser level you don't have any credible and medically documented injuries. It is understandable you can't have an MRI (Magnetic Resonance Imaging) examination because you can't afford one. Nevertheless, until and unless you are able to prove you suffered medical injuries, what those injuries are, and that those injuries are a direct and proximate result of the gym's employee's negligence, you don't have a basis upon which to pursue a successful legal claim.

You also have another problem. From the facts you present you were the only person who suffered an injury. That in itself will inure to the gym's benefit.

You aren't able to show the gym teacher purposely directed the class to cause injuries to you or any other participant. Your body must not have been able to react to yoga as well as it should have. Unfortunately that's your body's fault, and not the gym's.

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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