# Personal injury claim - accident in gym.



## feeor (29 Apr 2014)

Hi all,
It's my first post so I hope I'm  posting in the right place.

Basically I had an accident in a gym 11. Days ago. I attended a class I attend most Thursday mornings. The instructor was new. The class began with a warm up. We were using the aerobic steps and doing what I can best describe as a fast alternating jump lunge up and down on the step. I caught my foot on the step fell back and put my right arm out to stop me. The instructor stopped the class I immediately felt pain in my right hand/ and it was immediately swollen. The instructor went and got another gym staff member. They applied an ice pack and took me out of the studio. I was asked did I want lucozade, did I want and ambulance and if I could move my fingers make a fist etc. As I could move my fingers the instructor felt it was not broken. I felt the area was swelling more and the pain was getting worse. He proceeded to fill out an incident report detailing what had happened And he asked me to sign it. I did so poorly with my left hand.

I then phoned someone for a lift to take me to my gp. I phoned my gp when I was on the way. Gp suspected it was a fracture. He gave me an injection for the pain. I went to hospital for an x ray. It transpired that I had fractured my colis. I was informed I would be in a cast for 6 weeks. I was put to sleep while my arm was reset into place & casted. I was then I formed that I was been kept in over night as I needed surgery to put wires in to keep the bone in place. 

The following morning I was still awaiting a bed to be penciled in for surgery. The surgeon informed me that they would X-ray me again in theatre and if the arm was in a good position the would manipulate it into a cast rather than putting wires in. This it what happened in the end. I was let home that evening.

As it was my right hand I injured I have not been able to go back to work cause basically I can't do my job properly. I can't drive, do any home chores, dress myself properly. I'm totally down about it all & so frustrated. I don't get sick pay so I'm waiting to hear back about my claim for illness benefit from social. I really can't afford not to be working. So after my long winded story would I have a case to claim from the gym for personal injury?. My friend who runs a gym felt it was not appropriate to do the kind of quick movements with a step as your body is not warmed up. The instructor that filled out the incident report (I've also done some of his classes) said me have you ever noticed I never use a step in my classes this is why.

I would really appreciate any advice from legal eagles out there. I have found this forum great in the past years for advice in general even though I'm only a lurker.


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## elcato (29 Apr 2014)

If you're waiting on Ilness benifit and getting nothing then go to the health board officer to get emergency payment. I'm not sure about the claim you may have but either way this will take a long time i.e. over a year and maybe up to four years so I would concentrate on the next six weeks first. Plenty of time later to see what the legal situation is.


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## feeor (29 Apr 2014)

Thanks for the advice.


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## POC (29 Apr 2014)

*Colles fracture*

I assume you mean you have a Colles fracture, which is a fracture of the wrist, specifically the distal end of the radius.

I don't have any legal background but would have thought you couldn't claim against the gym unless someone was negligent. You're implying that the warm up was too vigorous. A poor warm up might put you at risk of injuries such as a pulled muscle - but not a fall in my opinion.

I regularly do step classes and you obviously do too. Instructors vary, the type of steps vary etc. I know my limitations - and avoid or modify any high impact steps, steps involving spinning around, etc. The age range could be from approx 16 to 60 in the class! I would often be one of the oldest in the class. However if I fell during a fast or spinning movement, I wouldn't blame the instructor.


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## feeor (29 Apr 2014)

Yes a colles fracture is what I meant. I not necessarily trying to blame the instructor. It was just that my friend had mentioned this to me after the incident. The incident occurred within 2 mins of the class commencing so I suppose I probably not doing it long enough to feel it would pose a problem to me.

One of my gripes really with them is that there was no follow up. No phone call or anything after the incident which I thought would have been nice out of courtesy. Thanks for your reply.


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## POC (29 Apr 2014)

That is disappointing that the gym staff didn't contact you afterwards alright. At the gym I attend I've been very impressed by the care given by staff any time anyone is ill or injured. I've never seen a major injury thank god -  ice on sprained ankles etc - but I've seen a few people take ill, requiring an ambulance, contacting family and so on. On a recent occasion a class I was doing had to be stopped while a young woman who took ill was looked after, prior to an ambulance arriving. I enquired after her the next time time I was at the gym - and the staff had contacted her and knew she was fine.


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## feeor (29 Apr 2014)

They sound like a decent gym. Without mentioning any names I'm with the more value for money gym. The class recommended as soon as I was walked out of the studio. Thankfully in all my gym going years this is the first injury I have sustained and hopefully it will be the last. It is certainly disappointing that the gym have not checked up on me.


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## WizardDr (30 Apr 2014)

You must make inquiries with http://www.injuriesboard.ie/eng/
as there is a very tight timescale to record an accident.

Whether you use them or not in an PI claim - you must start with them and I would do that today.


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## homecoming (30 Apr 2014)

Try Christopher Grogan, he has two offices one in Naas I think and one in Dublin and has a free advise clinic, he deals with personal injury and will advise you. I offer his name as he advised us on a claim we made several years ago. I believe you have a claim even though you didn't accept their offer of hospital assisiance and you signed a form, you were incapacitated to fully understand it's content. It'll take a bit of time but will help with recovering costs while you were out of work. All the best.


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## feeor (30 Apr 2014)

Thanks for all the advice. I had been looking at the injuries board alright. I thought I read somewhere you have up to 3 years to make a claim. If I'm doing this I would rather do it sooner that later. Just to clarify what I signed was a record that was made in a diary. It was just a transcription of events, that I could move my fingers & that sort of thing.

I will post if I have any further developments.

Thanks again everyone.


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## dereko1969 (30 Apr 2014)

I'm sorry but I fail to see how there was any negligence on the part of the gym or the trainer. You saw that steps were being used, you decided to take part in the class having seen there were steps involved, you fell because of an accident, no-one was to blame but yourself. 

I'm sorry that you got injured but in my view it was self-inflicted.


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## WizardDr (30 Apr 2014)

Its now 2 years for a PI claim

As far as I know you must initiate process with injury board almost immediately,

(These Citizens Advice postings are excellent across all topics btw) 
http://www.citizensinformation.ie/en/justice/civil_law/personal_injuries_assessment_board.html


http://www.injuriesboard.ie/eng/


http://www.lawyer.ie/personal-injuries


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## TommyB (30 Apr 2014)

dereko1969 said:


> I'm sorry but I fail to see how there was any negligence on the part of the gym or the trainer. You saw that steps were being used, you decided to take part in the class having seen there were steps involved, you fell because of an accident, no-one was to blame but yourself.
> 
> I'm sorry that you got injured but in my view it was self-inflicted.



I agree. It really sounds like your own fault. What blame are you putting on the gym? 
You'll probably get some sort of payout making services that bit more expensive for the rest of us.


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## Ravima (30 Apr 2014)

Yes - where is the fault of the instructor/gym?

Accidents can happen through no one's fault.

If you sue and win, you get paid, if you sue and lose, you pay gym's legal fees.


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## feeor (30 Apr 2014)

Thanks again for the replies. This is going to sound really thick & stupid but when I initially starting thinking about this I was not fully sure that there had to be negligence on the other party's part in order to make a claim. I thought there was still an option to claim on public liability insurance because an accident occurred on the premises. I'm seeing now this is not the case. My intention certainly was not to claim for the sake of it just cause I seen an opportunity to make money. As I had previously mentioned I'm really annoyed there was no follow up but I know that it is not a reason to Pursue them.

Again thanks for all the advice.


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