Legal Question in Personal Injury in California
injured under care of personal trainer
Problem: I sustained an injury due to improper training from personal trainer (verified by sports therapist). Club trains trainers in house and sells training sessions.
1. I complained to trainer for at least a month about pain and not feeling right. He stated this was common and to take a pain killer such as advil.
2. I have been seeing a dr. for this injury since 3/2/7 and am still under care.
3. I could barely walk on initial visit due to severe nerve pain. I still cannot exercise.
Do I have legal grounds for a refund and if I have to go to court for this are there other damages to seek?
2 Answers from Attorneys
Re: injured under care of personal trainer
My first concern would be regarding the language in the sign-up papers. Most health clubs have their members sign waivers. Did yours?
Also, I would need to know more about exactly what the injury is, exactly what the trainer did wrong, and exactly how the two are connected.
Re: injured under care of personal trainer
There are certainly other damages to seek. Signing a waiver does not automatically eliminate their liability. It sounds like this trainer instructed you to attempt a dangerous or improper exercise, you were injured and then the injury was compounded by their failure to listen to your injury. The first thing a personal trainer learns is that if the trainee is complaining of pain, you must stop the exercise. From your description, it sounds like this was ignored. Feel free to contact me as I have experience in this area and would be interested to hear more background.
Yours truly,
Bryan Becker
Member, National Association of Consumer Advocates
www.naca.net
877*201*8728
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