Legal Question in Personal Injury in California

Re: Slip and fall

You certainly may have a case. The disinfectant was likely put on the floor by an employee of the gym. Not warning the customers or taking precautionary measures would be negligent. We handle several personal injury cases. If you would like our help, feel free to contact us anytime. We are located in Newport Beach.

Re: Slip and fall

It is a good thing you did not sign an express release of liability. More than a few courts have held that a written release effectively exonerates a health club of its liability for negligence for fitness-related activities. See, for example: Benedeck v. PLC Santa Monica, LLC; Lund v. Bally's Aerobic Plus, Inc.; Sanchez v. Bally's Total Fitness Corp.

You can sue the health club for negligence in its ownership, operation, management, maintenance and control, etc.

You may be able to prove notice by establishing that the health club created the dangerous condition. Where the dangerous condition of the property which causes the injury has been created by reason of the negligence of teh owner of the property or his employee acting within the course and scope of the employment, the owner of the property cannot be permitted to assert that he had no notice or knowledge of teh dangerous condition in an action by an invitee for injuries suffered by reason of the dangerous condition.

It is well established that the owner owes a non-delegable duty to maintain the premises in a reasonably safe condition.

The defense will probably argue that the hazard was "open and obvious" and that you should ahve looked where you were walking. These are common affirmative defenses. This is what makes slip and fall cases problematic. The more dangerous the condition looks, the more the plaintiff is subject to an "open and obvious" defense argument.

I have specialized experience in handling slip and fall, trip and fall and fall accidents. Feel free to call me for a free consultation.

Tyler J. Barnett, Esq., LAW OFFICES OF TYLER J. BARNETT, P.C., 11755 Wilshire Blvd., Suite 1170, Los Angeles, CA 90025.

Re: Slip and fall

IF you can prove the facts of the fall and that it was the fault of the gym, and if you have obtained medical treatment which would verify the injuries, and if you have suffered lost work time to further verify the severity of the injuries, you may be able to succeed at a claim against the gym for your damages and pain. Feel free to contact me if interested in hanling this right, to maximize the value of your claim.

Re: Slip and fall

I regularly do these types of cases. Yes you can sue for Premises Liability and Negligence. Call me for a free consultation.

Re: Slip and fall

You'll need a lawyer. I do house calls.

Charley Rossman