The Deadly Many of us get in a car every day, whether it’s to drive to work, drop the kids off at school, or go out shopping. Though the technology and safety features in cars have come a long way over the last few decades, we are still at risk for an accident every time we hit the road. Some aspects of driving are riskier than others, but taking left turns is among the riskiest. Back at the beginning of October, I almost got killed taking a left turn. Now, in full disclosure, I’ve never really been the best driver; in fact, I have been accused of being a bad driver, but I disagree (and digress). On this October afternoon, I pulled up to a stop sign and needed to take a left. There was an SUV
Can I Sue MyGym for Negligence Even if I Signed a Waiver?
after an incident. This is not the case, though. In Massachusetts, these waivers mean absolutely nothing and are not legally binding by any means. Gym owners know this but will still try and have their members sign these forms to make them believe they gave up their right to sue. That way, if the member is injured, they may not contact an attorney because of the waiver they signed. Massachusetts has a specific law regarding these waivers. M.G.L. c. 93, Section 80 states that “no contract for health club services may contain any provisions whereby the buyer agrees not to assert against the seller … any claim or defense arising out of the health club services contract or the buyer’s activities at the health club.” This essentially means that all of these waivers are invalid because the gym cannot legally ask a member to sign a waiver of liability. So, if you’re hurt at the gym and it’s the fault of the gym owner, you can make a claim! If you have questions about a gym or health club-related injury, give me a call or text me at 617.889.5000.
A few months ago, I saw a man get hurt at my gym. I was working out when I saw a gentleman using a machine to do pull-downs. I had noticed in the past that the cable for this machine was fraying, and it gave way while this guy was exercising. The cable completely snapped and brought the bar crashing down on the back of his neck. The guy was stunned and a bit embarrassed but otherwise unhurt. The pandemic has made things very difficult for gyms and their owners, and my gym is no exception. I’ve been going there for years and recently noticed that the owners weren’t taking care of the equipment like they used to. Now, what if this man got seriously hurt? Could he sue the gym owner? Did the waiver he signed when he joined prevent him from suing? Those of us who belong to gyms or have joined a gym recently are probably familiar with the waiver most gyms make you sign. They often state that you can’t bring any claims against the gym, and you are giving away your right to make a claim against the gym owner for negligence
coming from the left, so I decided to wait at the stop sign until it got closer. As it did, I noticed its right turn signal on, so I assumed the driver was going to take a right turn and I would be safe to make my left turn. You see where this is going? I did not wait until the other driver made their right-hand turn and began to pull forward.
Review of the Month
“My experience with Spada Law Group has been nothing but worry-free. Robyn Cartwright, who helped me, is very knowledgeable and professional and has always been very pleasant to speak to. Plus she always got back to me in a timely manner. I would highly recommend Spada Law Group.” –Michelle Barnard
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