Long Island Gym Accident Liability Lawyer
There are two primary type of gym injuries that an individual can claim damages for. These pertain to commercial workout gyms and school gyms. Workout gyms can result in a variety of injuries if the equipment is being maintained in a negligent manner, an instructor is not properly trained to handle the equipment they are making someone use, or they do not properly teach someone how to use the machines without harming themselves.
In a school setting, a teacher is primarily responsible for the safety of their students, and if they are not watching them carefully enough or set up physical activities in a dangerous and reckless way, they can be held liable for their actions. If you or your child has been involved in these types of situations, do not hesitate to reach out to a professional Long Island gym accident liability lawyer as soon as possible. Read on to learn more about how a skilled injury attorney could offer you their assistance today.
Establishing Liability in Gym Accident Cases
In New York, and certainly in Long Island, there is a system with bifurcated trials; these are usually done in two stages. The first asks if there is negligence or liability. The second trial focuses on the value of the damages. A person must prove that the owner of the premises had notice that there was a danger and failed to take steps to rectify the danger. Properties could range from nightclubs to bars, to housing complexes. Anywhere there is a chance of violence, there probably should be a different level of security in places for that violence. So, they are going to have to prove that there is notice in all situations to provide more security and just basically no security.
The Role of Negligence
When applying the theory of negligence to a situation, a qualified Long Island gym accident liability lawyer will examine the actions of the individual or institution in charge to determine whether or not they could be held liable for one’s injuries. If an instructor was holding a class, the attorney would look into whether they were being cautious, taking the proper safety steps that a reasonable individual would in the same circumstances, and protecting their students from any harm.
If the gym itself was not properly maintaining the facility by regularly inspecting equipment for errors, keeping the floors clean and free of any spills or uneven tiles, and sanitizing the machines often, they could also be held liable for any injuries incurred as a result. Regarding equipment, this changes cases dramatically because it could turn into what is called a product liability case or negligent maintenance of equipment case. For example, if there is a frayed cable that connects to the weights and someone is working out but the cable snaps, an injury could occur. It changes the case if the equipment fails.
If someone is concerned about whether there is proper security or not, they should document everything in writing by putting people on notice with writing. The other way to do is to do it orally, but there is no proof of that other than someone’s word. So both oral notice and written notice should be given in any situation where someone is concerned about. As an example, in schools where kids can be assaulted by other kids, if the child is causing problems in school that is in danger to another child, an attorney will highly recommend letter writing and meetings to make sure the school know that if a child is being picked on and something bad happens in the future, they will hold them responsible for not taking enough action to rectify the situation.
Anything related to the injury at the location is what someone can seek damages for and any following consequence of that injury. For example, if someone fractures their leg and ends up walking with crutches for eight weeks and because of how they are walking they developed severe back spasms, even though they did not injure their back in the accident, it is a problem that resulted from their fractured leg. In this way, anything that is closely related to the accident that is verified by a medical professional can be claimed for one’s damages in a case with the help of a dedicated Long Island gym accident liability lawyer. These are examples of economic damages, as they are physical and qualitative in nature.
One’s noneconomic damages could include the mental anguish, pain and suffering, or trauma incurred as a result of an accident. These losses are more qualitative in nature, involving the subjective feelings of the individual. The award of these damages is ultimately determined by how well a compassionate Long Island gym accident liability lawyer can convey one’s pain to a jury and help them empathize with the plaintiff in question.
The Statute of Limitations for Gym Accidents
With all negligence cases in New York, a person has three years to bring a lawsuit. If it is a municipality, the claim must be filed within time specified, which is usually within 90 days of the occurrence. It is necessary to quickly establish the issue as public or private property. Some of the questions a Long Island gym accident liability lawyer might ask include, is the gym part of a governmental program? Who owns the area? For example, in the city of New York, there is a separate entity that builds schools, as opposed to being the schools.
Working With a Long Island Gym Accident Liability Lawyer
If you wish to pursue compensation for the damages that you or your child incurred at a gym, do not hesitate to reach out to a knowledgeable Long Island gym accident liability lawyer as soon as possible. During your initial consultation, your attorney can discuss your potential legal options with you while guiding you the complicated steps of the settlement or litigation process. Consider reaching out to a weathered Long Island gym accident liability lawyer today in order to schedule your consultation.