Legal Question in Personal Injury in California

Re: Am I responsible for a treadmill I accidentaly left running in a Health Clu

Don�t admit to leaving it on. It sounds like you don�t really remember so I would not just assume you did because the manager said so. If the manager saw you leave it on it was his responsibility to turn it off. If he didn�t see you then there is no proof it was you. Do not make any statements to anyone about the incident. If you hear anything further consult with a lawyer.

Re: Am I responsible for a treadmill I accidentaly left running in a Health Clu

Unfortunately you may be liable under a theory of negligence. However, so may be the GYM, especiallly if the manager/worker saw you leave the treadmill with it still running and did nothing about it. There is also the issue of the woman's own contribution for her injuries for attempting to get on the treadmill while it was still on, she is certainly a big cause of her own injuries through her own negligence.

The bottom line is that you will want to get a good civil litigation attorney to defend you in any possible suit. If you would like to speak to me some more regarding the matter, please feel free to contact me at the information below or at (213) 384-2220.

Michael Burt

Re: Am I responsible for a treadmill I accidentaly left running in a Health Clu

In answer to your question as to whether you are liable, I would say "probably not". Opinions will probably differ on this type of issue. It could be said that you were negligent in leaving this machine running since it is foreseeable that someone could be injured in getting on it. However, the owners and operators of the gym have an affirmative duty to inspect the premises and the equipment and to make sure that the equipment is in reasonably safe condition. If the manager saw you get off the tredmill and thought it was still running, he would certainly be negligent in not making sure it was off. It would be encumbent on him and his staff to correct any defects or dangerous conditions that they knew about or were aware of. Furthermore, the other lady that gone on the tredmill would certainly have an obligation to make sure that the machinery was safe and in proper working order and this would be encumbent upon all members in a gym who are using any type of equipment. If for some reason, someone actually makes a claim against you concerning this incident, it is considered personal liability and you should report it to your homeowners or renter's insurance company.

Yours truly,

Sam M. Eagle, Attorney at Law, 10101 Slater Avenue #218, Fountain Valley, Ca 92708; telephone: (714) 963-5123

facsimile: (714) 964-9993