Question about my gyms part in liability suit ... thoughts?

[chiram97]

My husband & I joined a popular gym in our town some time ago.. I began working with one of their Personal trainers, and have seen excellent results, so my husband who had a foot injury (work related) sought the help of my personal trainer on my recommendation;She said she could help him with physical therapy. Granted she isn't a physical therapist, she has helped other members with injury's get well .. He signed the usual waiver that you do when entering a contract as such.. after his 3rd session, he claims she yelled @ him and caused pain to his lower back, and now he wants to sue the gym & name her in the suit for malpractice. She never claimed to be a physical therapist, only said she could help him with therapy.. The doctor we went to said, that she MIGHT have aggravated something that was already there, he also said that him going to a massage parlor after wards prolly didn't help either. I can't back my husband on this lawsuit.. I feel he is going to walk away looking like a fool.. If this woman did hurt him, it wasn't on purpose. She has NEVER yelled @ me or other clients that I have seen.. He now is saying that she hurt him on purpose because she likes me, and wants him out of the picture(yes, she is lesbian, but I think he is way off base on this) She and I have worked so long together, I feel like she is more of a friend then just a trainer..

Does he have a legitimate case. Or is this going to end badly for him?
It is causing a rift between us.

[spengler]

My husband & I joined a popular gym in our town some time ago.. I began working with one of their Personal trainers, and have seen excellent results, so my husband who had a foot injury (work related) sought the help of my personal trainer on my recommendation;She said she could help him with physical therapy. Granted she isn't a physical therapist, she has helped other members with injury's get well .. He signed the usual waiver that you do when entering a contract as such.. after his 3rd session, he claims she yelled @ him and caused pain to his lower back, and now he wants to sue the gym & name her in the suit for malpractice. She never claimed to be a physical therapist, only said she could help him with therapy.. The doctor we went to said, that she MIGHT have aggravated something that was already there, he also said that him going to a massage parlor after wards prolly didn't help either. I can't back my husband on this lawsuit.. I feel he is going to walk away looking like a fool.. If this woman did hurt him, it wasn't on purpose. She has NEVER yelled @ me or other clients that I have seen.. He now is saying that she hurt him on purpose because she likes me, and wants him out of the picture(yes, she is lesbian, but I think he is way off base on this) She and I have worked so long together, I feel like she is more of a friend then just a trainer..

Does he have a legitimate case. Or is this going to end badly for him?
It is causing a rift between us.

Your husband officially sounds like an idiot. She never claimed she was a therapist and she wasn't claiming to perform therapy.

[norwyn]

For your husband to recover any damages from the gym, he would have to prove that the personal trainer exceeded the scope of her ability. It sounds unlikely that he would be able to do so, especially since he signed waivers indicating that he understood the risks involved with physical activities.

Your husband has major problems to overcome before he can successfully recover damages from anyone else... first, was he cleared for any/all physical activities by his doctor? Did he consult with his doctor about the planned physical training? Why did he not see a physical therapist, if he was still recovering from his foot injury? After your husband allegedly sustained injuries at the gym, why did he go to a massage parlor and not to a doctor to evaluate his alleged injuries?

If your husband is serious about pursuing this, he should consult with a reputable personal injury attorney in your area, but an attorney may tell your husband that he does not have a viable claim.