But this is where the liability waiver comes in. There are lots of different ways to utilize a step - that doesn't mean the instructions given to your DW were wrong. Was she unclear about what to do? Was this her first time using the step? I'm not sure how you can conclude the the "gym doesn't seem to even try" based on what you've told us. Accidents happen. As far as wanting a comp and better customer service, did you ask them how this can be resolved? I understand that it's frustrating for them not to offer up front, but if you didn't even ask, then this is partly on you. You can either ask for something outright or ask an open-ended question to see what they offer and go from there. |
This. Shit happens. Don't make it impossible for the rest of us to ever afford an activity because people keep driving up the liability costs. |
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A nation of victims .
when people can't take accountability for their own uncoordination things have gone off the rails. |
They probably can’t let her use the gym while her membership is suspended for liability reasons. A medical pause on a gym membership usually requires that the member have an injury or condition that makes them unable to use the gym or makes it unsafe for them to do so. If your wife was using the facility without an active membership because her membership was suspended while she recovered from an injury incompatible with gym use and then she got injured in some way that would give her grounds for a lawsuit, the gym’s liability insurer would probably have grounds to deny coverage. |
And people complain that millennials play the victim too much.
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Except precisely for liability reasons, the manager can't allow someone who doesn't have a current membership to be using the gym equipment. You can't be both sue-happy and want them to make exceptions for you that expose them to being sued. |
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Going to go against the flow here, but I think OP is correct that the trainer was likely careless. Someone who is training an older person should be very careful about balance issues, which are definitely implicated in a step-up exercise. It's REALLY hard to find trainers who are attuned to preventing injury -- in my experience there are a LOT of meat-head trainers out there who just want to "push you to achieve your goals" as opposed to working safely with all populations. That doesn't mean I think OP has a legal case, but rather than he's not wrong to think the trainer was at fault.
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This is what doesn't make sense to me-- your wife has been going to this gym and doing personal training for years so it's not like she was some novice who doesn't know her own body, her own limitations, and presumably knows how to do a step-up? If my trainer or coach said, do double-time, I'm experienced enough to know that might be too much for me and would say, not happening. I am really trying to envision what "instruction" she was given that was so out of the ordinary for an experienced gym rat that would cause her trainer to be liable? |
The definition of suspended membership is that you don’t pay and also don’t use the facilities. If your wife wants to use the facilities then she shouldn’t have suspended her membership. |
That make no difference either. In either case, your wife’s inability to control her body caused her to injure herself. That really stinks because we’ve all tripped at some point and haven’t been able to prevent ourselves from falling. There is also nothing for them to mitigate other than barring your wife from coming back to the gym since she is a risk to herself and possibly others. And the PPs saying you need to talk to your wife’s doctor about why her bone so easily shattered. For someone working with a trainer for so long, she should have been improving her bone density. |
| You're really reaching here, OP. Why is it so hard to accept that your wife had an unfortunate accident that (if it was anyone's) was her fault? |
| I see people doing jump-ups either with a step and a lot of risers or a metal frame jump box at my gym a lot and just shake my head. Those things are dangerous. this is exactly what happens the one time you don’t t clear the platform. |
| For the gym to give you anything, would suggest it accepts some responsibility. These things just happen. If you’re middle aged I suggest you start to think seriously about balance issues and take steps to address these now. |
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OMG, OP, you are the worst kind of person. The gym owes your wife nothing, either legally or as a "courtesy." SHE stumbled. End of story. You sound like an entitled ass.
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I would say that, unless your wife clearly indicated otherwise, the expectation is that she would be both strong enough, coordinated and balanced to do a step up exercise. If it’s outside your wife’s skill level, she should’ve spoken up. The type of grab bars you are referring to are in hospitals and PT clinics where that type of physical fitness isn’t presumed. It was an accident with no fault in the trainer or gym. |