Ralph A. Schwartz, P.C. - Las Vegas Personal Injury Attorney

Gym sued for premises liability after treadmill accident

Many people in Nevada believe that exercise at a gym can only be beneficial. In fact, 24,000 victims of treadmill accidents were treated in emergency rooms nationwide in 2014. This information was provided by the U.S. Consumer Product Safety Commission. A gym in another state will go to trial regarding a premises liability lawsuit in February after a client suffered brain injuries while exercising.

According to the complaint, a 60-year-old woman claims to have fallen from a treadmill and hit her head against another piece of equipment. She asserts that she suffered injuries that led to hospitalization in different facilities over the next four months. She apparently underwent several surgical procedures to treat brain swelling. She claims that, although the incident occurred in 2011, she continues to suffer the consequences of the accident. These after-effects include memory problems that prevent her from driving.

The gym is accused of failure to leave enough open space between the treadmills and other equipment. The plaintiff alleges that the assembly guide for the treadmill recommends an open area of three feet by six feet behind treadmills to ensure user safety. She asserts that the proximity of the other equipment caused her injuries.

Because the plaintiff signed a waiver of liability, the court initially dismissed the lawsuit. The woman appealed, and the waiver was declared unenforceable because the plaintiff could not read English. Nevada exercisers who are injured at a gym may be entitled to pursue recovery of damages. However, a premises liability lawsuit may be best navigated by an experienced attorney who will be skilled in handling injury cases in which indemnity waivers were signed.

Source: FindLaw, "Treadmill Accident Leads to Brain Injury Lawsuit", Christopher Coble, Sept. 27, 2016

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