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Earlier this week in Manhattan, a woman initiated a lawsuit against her gym after she was partially blinded as a result of an accident occurring on the premises. According to a report by one local news source, the woman was exercising at Club 7, located at 620 W 42nd St. She was using an exercise band around her foot, when the band slipped off. As the elastic band sprung up towards her face, it hit her in the eye, leaving her partially blind.
Evidently, the woman was not working out alone but was with a personal trainer at the time. The trainer instructed her to place the band around her foot and then pull the handles up towards her chest. It was as she was performing the instructed exercise that the band came off her foot.
The injury resulted in blunt-force trauma to the woman’s face and hemorrhaging of her eyes. She has permanently lost all vision in her left eye as a result of the accident. In the court documents, she is seeking $1 million in damages, plus the costs of her attorney’s fees. The woman has also named the manufacturer of the elastic exercise band, Black Mountain Products, in the lawsuit. Neither the gym nor the manufacturer has released any comment.
Premises Liability Cases
Since this injury occurred while on the property of another, and the lawsuit is seeking damages from the operator of the property, the woman’s suit is categorized as a “premises liability” lawsuit. These types of actions generally rely on the duty that the property owner has to those people it invites onto its property, either as guests or customers. The type of duty owed depends on the relationship between the parties. So, for example, a customer at a restaurant is owed a higher duty than a trespasser in a train yard.
Here, the woman injured was a customer of the gym. Therefore, the gym had a duty to the woman to maintain a safe environment and to warn her of any dangers on the property. Of course, the gym likely had the woman sign some kind of consent form upon signing up with the gym that the owners may now try to use to escape liability in the current suit. However, that is something that her attorneys will have to scrutinize carefully, since it may not have exempted the dangers in this case.
Have You Been Injured on the Property of Another?
If you or a loved one has recently been injured while on the property of another, and you believe that your injuries were caused by some kind of negligence on the part of the property owner, you may be entitled to monetary damages. To learn more about premises liability actions, and to speak with a dedicated attorney about your potential case, call the Long Island law firm of Duffy & Duffy at (516) 394-4200 to set up a free initial consultation with a dedicated personal injury attorney.
See Other Blog Posts:
New York Nursing Home Successfully Sued for $2 Million After Negligent Care Led to Stage-IV Bedsore, Long Island Injury Lawyers Blog, September 29, 2014.
“Special Knowledge” Jury Instruction Required Reversal of Verdict in Plaintiff’s Favor, Long Island Injury Lawyers Blog, September 29, 2014.
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