So Im doing some research and having trouble with my professor responding so perhaps someone out there has some insight for me! Im working on a memorandum on a case involving an individual whom belongs to a gym, and signed a contract stating that the gym was not responsible for any injuries occuring on the premises, etc...but during the individuals use of the gym equipment a pin broke off the machine and the weights smashed into this person's mouth due to lack of maintainence. Im having trouble navigating through Lexis, because I was used to West Law and am looking up negligence, contract, and personal injury. Are there any other key search terms that could point me in the right direction? Im working from a computer only right now, so the law library won't help! Right now Im just setting up an outline but I've got to figure out if out client (injured party) even has a case and what his defenses could be.
Thanks so much.
Thank you for all the comments, hopefully I'll be able to come up wth something. My state is MD so I'm not sure about some of the terminology difference but something will show up.
This was an assignment...I certainly wouldn't proceed with a persoanl injury case myself...
Brian G
Both the gym and the manufacturer of the machine may have some liability.
search manufacturing defect, negligent maintenance, exercise equipment, health club injury
Spock (rhp)
arguably, gym impliedly claimed that equipment was safe to use by its being physically there and that it was maintained in safe condition.
you also want to look for a state law prohibition on blanket releases of tort liability by consumers when presented a pre-printed form contract by a business. some states hold this practice to be void as a matter of public policy [consumer protection, i'd guess].
GL
STEPHEN
"premises liability", "business invitee", exculpatory notices", "failure to maintain equipment offered for public use"
justdougjustdougjustdoug
First of all the injured party has CLAIMS. The owners of the gym will have DEFENSES. Personal injury attorneys are so prevalent and will take cases on contingency fee basis, so why are you doing all of this yourself??? If you don't even know the difference between a claim and a defense, I think you should find a personal injury attorney who will take the case for FREE and then get paid if they win. Doesn't that make more sense?
Artemis Gwen
I would look at gross negligence (the gym cannot insulate itself from a claim of gross neg). Unconscionability is another element I would look at - when the contract terms are harsh, only one party has all the power and the other has no bargaining power, etc.
Orignal From: Help with a law case?
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