Legal Question in Personal Injury in California

I fell in a Gym and on 3/7/2014 spent 7 days in a hospital after fracturing L-5 vertebrae and now it has become collapsed and permanent. Someone at the Gym moved a bench just as I was going to sit down to undress. The insurance company refused to be responsible for "BODILY INJURY", stating they couldn't determine liability, but offered to pay my out of pocket medical expenses. After talking to one attorney I decided to look into the codes regarding safety issues at this Gym and complained to the City of El Cajon in order for them to go out and inspect the Gym and research codes regarding the benches in particular.. I discovered that since the Gym was built years ago they did not have to bolt down their benches, however if the Gym were being build today they would be required to bold the benches down.. So finally I am getting to my question.. Based on this information can I make an arguement that they should take responsibility and ask for damages and instead of a formal Lawsuit could I get an attorney to write a letter for me making this arguement and ask for damages as I am still in great pain not able to do anything.. the arguement being that there is a reason most gyms including 24 hour fitness have decided to secure the benches in the dressing area because what happened to me could happen to anyone and probably has, as there is a reason this code is now in place and they could actually do it to make their Gym a safer place as over 50% of their members are ove 50. and only because they were Grandfathered in allows them to bypass this requirement which exist now..


Asked on 4/26/14, 11:24 pm

1 Answer from Attorneys

Yes you can get an attorney to write a letter. Do you know who moved the bench?.Is there video?. Did you sign a release of liability when you joined the gym? These are just some of the questions I would have. You seem to have serious injuries and maybe you should consider hiring am attorney to represent you. Feel free to call me if you have other questions at 8183450123 or e mail me through my Web site gertzandlaurie.com.

Read more
Answered on 4/27/14, 12:04 am


Related Questions & Answers

More Personal Injury Law and Tort Law questions and answers in California