Is this gym negligent and responsible for my injury?

I went to the gym where I am a member for the first time in a while today, and am quite confident with using all the old machines that I used to use there. There is this one machine that I wasn鈥檛 too confident with, called a 鈥楾otal Hip Machine鈥? which allows you to do four different exercises. They have a sign on the wall of the gym that I am aware of stating if you haven鈥檛 been in the gym before or if you don鈥檛 know how to use a particular machine, to ask someone at gym reception.

That鈥檚 what I did. I ended up getting this guy who was the only one available at reception this afternoon, he went up to the machine with me and admitted that he doesn鈥檛 use it, hence he isn鈥檛 familiar with the machine, he showed me how to adjust a thing or two on it which I already obviously knew, then we even ended up talking about something else. There were two other women employees in the gym, not reception, that I saw later, but they were rushing around with their own personal training clients.

Anyway, after talking to this guy I still wanted to use the machine myself, and sure enough felt a strain in my left knee and a crackle in my hip from using it with incorrect form. I鈥檓 not sure if my pain or injury itself is permanent, but would you say the gym should be held responsible as they couldn鈥檛 provide me with adequately know ledged gym staff to answer my question as their sign states, nor did that person I was talking to tell me not to use the machine and wait to speak to someone else or attempt to refer me to someone else?

You knew that this man was not familiar with this type of machine, but you went ahead and used it anyway. You should have waited until someone else who actually knew how to use it came in and showed you. You are at fault and you would lose in court if you tried to sue.

You can try to file a claim, but ultimately the decision was yours. Also, you should have filed something the moment it happened so that they could have it and you could have a copy. Now it looks weird with you trying to go back a few days later. They can argue that it happened after you left the gym.

I think you hold some personal responsibility here. If the employee knew nothing about the machine, why would you then get on it and try it out? You have to make your own choices, not just get on the machine, hurt yourself, and then want to blame the gym. I'd say you are both at fault. The gym for not knowing what they are doing, and you for getting on the machine anyway.

If the gym coach advised you not to use it, and you did it by yourself, then unfortunately it is your responsibility.
Some gyms also have a policy that they sign saying that they are not responsible for any injuries.
Look more into this and see the terms and conditions of this gym.

I'm going to say no, only because gyms have a general liability form you sign stating that they are NOT responsible for anything that may happen to you.

Most of these forms are worthless in court, but it will come down to you vs. them.

Well technically it is use at your own risk, probably should not have used it if you did not know how to properly is what they will say, but read there policy and see, normally you sign a waver when you get a membership..

any excuse to try and squeeze a few quid out of companies these days, I think it's sad.

Most places you sign a waver but that does not release them from negligence on their part so you could sue them. Anyone can sue anyone really; you just have to find a lawyer willing to take it. That does not mean you would win either though in which case they can turn around and sue you. This is further complicated by the fact that some states also allow partial judgments where they assign a portion of blame to different parties and that percentage is used in determining damages. Your state may assign part of the blame to you for going ahead and using it for instance. Not only that but you don't know the extent, if any, of the injury which means seeing a doctor or two and then following up with a lawyer contacting their lawyer or them and filing a lawsuit. Unless you have some kind of permanent injury you probably don't have any grounds for a lawsuit and if you have insurance and disability then that covers some of it you could only sue them probably for what your insurance does not cover. Lets hope it is nothing permanent or that causes you problems long-term and next time wait or take a gradual approach when using or doing anything that you are not familiar with.

Ummm well you shouldnt have used the machine regardless....if you dont no how 2 use it then dont use it....It would be unfair for the gym 2 pay you because you should of had the knowledge not 2 use equipment that u dnt no hot 2 use.(even though they couldn provide u with assistance-you should of moved on)

Besides you probably signed something before you got your membership that states something like use equipment at own risk or so so.

I do personal injury law. I think you could have a case, but you would probably lose in it. First, you would have trouble showing that they did anything wrong. They had the signs up-you didn't follow them. Sure, you tried to do so, but you didn't follow them. You could have waited for somebody else to help you, but you didn't. You saw the other 2 women employees, but you didn't go to them. You assumed the risk of getting hurt using a machine you didn't know. You clearly appreciated the risk, or you wouldn't have been looking for help from employees. But you went ahead and did it anyway.

Sorry!

Doubtful. The first person you consulted admitted that he was not familiar with the machine in question. Instead of waiting for another staff member, who was familiar with the machine, you decided to do it on your own - almost as if you'd never consulted the first individual.

The only time the gym would be liable would be if you consulted a staff member, and he or she provided you with incorrect operating instructions. In this case, the person you consulted provided you with NO instructions, yet you proceeded at your own risk.

You just admitted you did not know how to use the machine, you were aware of the sign that stated you had to get help if you were unfamiliar with a particular piece of equipment, the employee admitted to you he did not know how to use it and you used it any how. As a result of using a piece of equipment that you were unfamiliar and disregarding gym policy you suffered a superficial injury. In my opinion you contributed to your injury more than the gym and therefore you would most likely not be able to collect anything from them.

My impression is that you are not satisfied with the level of service that you have received and you should write the gym asking for a cancellation of your membership not sue them