Legal Question in Personal Injury in California
Injury @ a business
I was working out at a facility that test markets various fitness products. between product testing we were instructed to try another product; not one I was testing. I lost my balance and broke my fall with the palm of my hand which resulted in a bad wrist break requiring surgery and therapy. The long term prognosis is that my wrist, range of motion, etc will never be perfect. This just happened a few days ago and surgery is next week. Is this something that should be covered under their insurance. I have coverage but not sure what my out of pocket expenses will be. it is my left wrist; i am left handed. and I am missing atleast 2 weeks of work in the short term.
4 Answers from Attorneys
Re: Injury @ a business
If you are claiming that the fitness product was defective, then you have a product liability case. If the premise had a dangerous condition or the installation was defective then you may have a valid claim for premise liability. Call us at 213.388.7070 to discuss your case.
Re: Injury @ a business
If you're asking whether the facility or the product maker are going to pay for your losses, the answer depends on whether their defenses of 'assumption of the risk' and 'comparative negligence' [by you] will succeed. Just because you hurt yourself doesn't mean somebody else is responsible or will pay your bills. You do have an argument that they were the ones that "instructed" you to try it, so there is a rational basis for your claim. It will have to be supported by some evidence of product defect, or negligence by the facility that caused your problem, rather than your own behavior. Feel free to contact me to discuss.
Re: Injury @ a business
If you're asking whether the facility or the product maker are going to pay for your losses, the answer depends on whether their defenses of 'assumption of the risk' and 'comparative negligence' [by you] will succeed. Just because you hurt yourself doesn't mean somebody else is responsible or will pay your bills. As an example: if they told you to move over to another area of flat floor, and you tripped over your feet, that's not their problem. You do have an argument that they were the ones that "instructed" you to try it, so there is a rational basis for your claim. It will have to be supported by some evidence of product defect, or negligence by the facility that caused your problem, rather than your own behavior. Feel free to contact me to discuss.
Re: Injury @ a business
Were you just a consumer who was asked to try certain fitness equipment, or an employee of the fitness product manufacturer? If you were actually an employee, then you would have a workers' compensation claim. However, if you were the consumer, then what Mr. Nelson wrote in his response applies.
If in fact it is a workers comp claim, feel free to contact my office at 818.385.0520 for a free consultation.
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