California businesses have a legal responsibility to ensure their premises are free of objects or conditions that may prove hazardous to members of the public. Businesses that fail to exercise caution with regard to taking necessary actions to protect patrons, run the risk of people being injured and being the focus of a premises liability lawsuit.
Many California residents choose to get in shape and join a gym. In most cases, employees are trained on how to safety and effectively use workout equipment and ensure that gym patrons are safe. One woman, who sustained severe injuries while using a treadmill machine at her local gym, recently filed a lawsuit.
Upon visiting the fitness center, the woman attempted to use one of the treadmill machines. An employee was standing by, but failed to warn the woman that the machine was malfunctioning or broken. As the woman stepped onto the machine, the machine began moving at a fast pace. The safety mechanism that normally disables the machine in the case of an emergency was not working.
The woman fell onto the treadmill and was essentially flung off of back of the machine. As a result of the violent fall, the woman sustained numerous and painful injuries including those to her teeth, nose, mouth and legs. She is suing the fitness club on the grounds that the club was negligent in failing to provide for a safe environment. Additionally, the woman asserts in the lawsuit that the club is negligent in failing to hire and train competent employees and ensure that workout equipment was in proper working condition. The woman is seeking to recover damages related to pain and suffering, medical expenses, emotional trauma and loss of enjoyment.
Source: The Louisiana Record, "Fitness club member injured after stepping on moving treadmill sues," Kyle Barnett, May 9, 2013
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