Legal Question in Personal Injury in Florida

Dislocated shoulder at a gym and chronic problems for two years.

I dislocated my shoulder at a gym in 1999. Since then, i have had five dislocations, one surgery, and about to receive another surgery. One of these dislocation was work related. For over two years, I have experienced loss of income and a lot of pain. Can I receive any type of payment for damages from the gym? I am currently fighting a workmans'comp case involving a dislocation on the job, and i was informed that i could not bring any legal action against my employer, but what about the gym that the original injury happened? I was informed by many doctors that each dislocation increases the chances for more. All this from using a Nautulas machine at a gym. What options do I have? Can anything legal be done?

Thank you,

Ron Grills


Asked on 7/18/01, 6:05 pm

3 Answers from Attorneys

Anthony Comparetto Comparetto Law Firm

Re: Dislocated shoulder at a gym and chronic problems for two years.

very interesting whether the nautilus is a defective product. You would have to prove that it is defective in design and that it caused your harm. My firm would not be interested in the case...but others might, Keep looking and remember you have a statute of limitations to bring your case.

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Answered on 7/18/01, 10:41 pm
Joel Cohen Joel M. Cohen,P.A.

Re: Dislocated shoulder at a gym and chronic problems for two years.

Ron, Sorry that you have been hurt. In order to bring any action for damages, you must prove that the injury was caused by someone other than your self.JMC

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Answered on 7/18/01, 11:05 pm
Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: Dislocated shoulder at a gym and chronic problems for two years.

Depending on the facts you can prove, you may or may not have a viable claim against the gym (for failure to properly maintain its equipment), any separate company in charge of maintaining or fixing the gym's equipment (assuming the equipment was in disrepair), the manufacturer of the equipment (if it can be shown the equipment was negligently designed) and/or a personal trainer, assuming you hired a personal trainer to advise and guide you with a physical fitness program and he/she failed to do so properly. It all hinges on the facts you can prove to show not only liability against one or more parties, but naturally damages that would justify pursuing the claim. Of course, in addition to liability and damages, your attorney would be curious to learn whether there is any money to go after (e.g., sufficient insurance coverage). Seek the advice of counsel and good luck.

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Answered on 7/19/01, 11:08 am


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