The fitness industry is steadily increasing, and personal trainers are playing a major in the growth of the industry. If you are looking to improve your endurance, strength or overall health, a personal trainer always provide the knowledge and encouragement necessary for you to reach your fitness goal. Unfortunately, using the services of a personal trainer doesn’t mean you won’t be injured. Sometimes the accident can occur no matter whether you use a personal trainer or not. However, sometimes it is the negligence of the trainer which makes you suffer a serious injury.
Injuries and accidents that result from the negligence of someone who has a duty of care to you qualify for personal injury lawsuit. As long as you can prove all the elements of negligence, damages caused by your personal trainer’s negligence are treated as any other personal injury case.
Proving Negligence of Personal Trainer
The Duty of Care
In order to prove negligence of a personal trainer, you must show that he/she owed you a duty of care and that the duty of care is breached. The trainer must act in a way that is reasonably prudent and careful, when training you.
The Breach of Duty
If your trainer fails to exercise reasonable care, or acts in a careless manner and caused an injury, you can sue him/her. For instance the trainer may push too much exercise too quickly, and you are injured as a result, the trainer is termed as negligent. In other words, something less careful, less reasonable and less killed must have occurred.
The Breach Resulted to Causation
The trainer must be the real cause of your injuries. Essentially, you have to show that the negligence was, but for proximate and direct cause of the injury and damage could get tricky because the personal trainer may argue that the injury would have happened and would have been the same even if the negligence had never occurred. So, you need to collect as much evidence as possible as to the cause of your injuries, which should include medical records documenting the suspected cause and an expert witness who are willing to testify that your injuries resulted from the negligence of a personal trainer. Seek advice from an experienced personal injury attorney to help you in such a situation.
To prove negligence, you must show that you suffered injuries and that the injuries caused you damages. If your personal trainer breached the duty of care, but you never suffered any harm, there is no basis for legal lawsuit. However, if you were injured and lost wages, had pain, emotional stress or had medical expenses as a result, you may sue your personal trainer for damages.
Special Consideration with Personal Trainer Injury Lawsuits
Your body is composed of intricate systems working together to perform basic functions of life. If one or more is injured, the result can be catastrophic. There may be special consideration that can affect your case. For example, if you suffered an injury at the gym and your personal trainer was an employee of the gym; the gym may be held responsible for your injuries as well. Besides, if you signed a contract or release with the trainer, your case may be affected negatively. A personal injury lawyer will need to examine your case in light of any agreement and offer an appropriate advice.
Contact an Experienced Personal Injury Attorney
Although, your recent experience with a personal trainer may bar you from getting help from another expert, don’t worry. Just speak to an experienced personal injury attorney in Staten Island. Most personal injury lawyers consult with clients at a small fee or for free, and may work on contingency. Bring your gym or trainer contract, relevant medical records and any other paperwork that seems appropriate. Let your lawyer help you get the compensation you deserve for the negligence of your trainer.