I was playing basketball yesterday, at a gym I rarely go to. It was raining outside and, apparently there's a hole in the roof directly above the basketball court that was already known about by gym management.
I ran directly through a small puddle, my feet shot forward and all my weight came down on the back of my head and neck. I'm 6'4, 220 lbs. and it immediately rang my bell, as well as seeing what I could best describe as "tracers", kind of broad-daylight shooting stars, for a few hours after the incident. I filed a report of the incident with the acting gym manager, and left.
I went home, to try to sleep it off, but when I woke up, I had very limited mobility in my neck with moderate to severe bouts of shooting pain, still had a headache, and pain and tightness in my upper to middle back.
So, I went to the ER today, roughly 18 hours after the incident, and they shot me up with 2 seperate drugs, one a painkiller and the other a muscle relaxer, both of which the name escapes me right now, all though I have heard of both. They then gave me a CT scan on my head and neck, and a couple hours later said the tests came back negative, gave me a prescription for pain and a muscle relaxer then discharged me.
I am having a significant amount of pain coupled with a general disorientation, which only now I have learned what a scary feeling that can be, even with the negative cat scan results. I have no knowledge of the potential adverse affects this can have later, so, my questions are these:
Is there any reason for me to contact an attorney and possibly file a lawsuit due to a clear negligence on the gyms part? Also, if you feel I should, what type of attorney should I contact?
If you feel I shouldn't, what would you recommend my next step being?
Either way, I feel the gym should be held 100% accountable for any medical bills accrued as a result of this incident. Do you agree?
Thanks in advance for any SERIOUS response.
Libraryanna
It depends on various factors. Did the gym know about the puddle. You say they did, but do you know that for a fact? Did they have any warnings up, one of those wet floor easel signs, or other warnings. Were you there when you were allowed to be there. Was the puddle obvious and something you should have seen?
It doesn't cost anything to call a personal injury attorney and talk to them. It sounds like you just have a whiplash, but that can still cost a big to fix. If you take the pills and get better right away, it wouldn't be worth suing over.
If you have a friend who can go into the gym and take pictures if the puddle is still there, it would help. Also, did you report the incident to management at the gym? If not, do that right away. If you have bruising from the fall, take pictures of that. (And if you don't, it will raise questions about whether or not you really fell.) If you had witnesses to the fall, have them write down what they remember.
If you have had prior neck problems, that can affect things as well.
Edit: Bob, it's very common, with muscle sprains/strains for the symptoms to not really show up until the next day when the muscles have had a chance to get tight and inflamed. Going to the ER the next day won't work against him.
Megna Purohit
I agree with Librarya totally. If you are having trouble paying the medical bills or if the bills are very high I would sue but other than that if the bills are low and you heal up fairly quickly than I don't think it's necessary to go through a lawsuit. Also, if the puddle was quite visible and you already noticed it in advance than it wouldn't be very fair to file the suit because of your own foolishness. If there was a sign up regarding the hole and puddle it wouldn't be likely that the results of the case would be in your favor either seeing as they made an attempt to notify the gym users. A lot will be taken in account if you do decide to file the suit so be sure to be prepared for the hassle and make sure you honestly believe that it would be worth the trouble.
bobaloub
:You should have gone directly to the ER, they might question why you waited 18 hours, were you really in pain and hurt? Did you report the accident to the gym's manager? I think I would send them a letter threatening a law suit and say you have pain and doctor bills. It's essential that you get some chiropractic done as well in my opinion. Maybe they will make an offer.
Also I'd go back to gym and take pictures if possible of the hole in the roof, they may try to fix it right away.
Orignal From: Head and Neck injury suffered at the gym?
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