Visitor Question

Head Injury at the Gym…

Submitted By: Percy (Lincoln, Nebraska)

My wife was hit in the head at the gym. She was walking into the bathroom and as someone was walking out, they swung the door open and hit her in the head with the door, leaving her bloodied on the floor with a gash down her forehead and eyebrow.

I came in and took pictures of the area. There are no warning signs on either side of the door (saying “open carefully” or “caution”). There is no decelerator on the door (or whatever those shock absorber looking things are that keep the door from opening too fast) and it is a solid door with no window or any way of seeing who is on the other side of the door.

On top of that, the door opens toward the person on the outside of the locker room which by code should have a warning. My wife will have to miss time from her day job and she will more than likely have to cancel a majority of her modeling and commercial gigs for a while.

I’m wondering if the gym would be liable for neglect and possibly cover some of that lost time or medical bills for the stitches (though the bill was not very much with our insurance). What do you think?

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 Percy,

Percy:

From the facts you present it would appear the gym has some degree of liability for failing to protect a customer from injury.

If your wife were to file a claim against the gym and if the insurance company accepted liability, the normal settlement might be about three times the amount of medical bills. That figure will normally include any pain and suffering, out of pocket expenses and lost wages.

Because your wife is a model, if the stitches she received may leave a permanent scar the entire scenario changes. At that point it would be in her best interest to seek the services of a skilled Personal Injury Attorney. There are some cases where people can represent themselves, and there are others where they shouldn’t.

Almost all Personal Injury Attorneys do not charge for an initial office consultation. Speaking with one should be the first thing she should do. Permanent scarring can certainly affect a model’s employment possibilities, and thus the potential settlement amount.

We do hope that won’t be the case.

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: June 13, 2011

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