Badly Injured Due To Personal Trainer’s Recommendation – Can I Sue?

Monday, March 14, 2016

Badly Injured Due To Personal Trainer’s Recommendation – Can I Sue?

Written by Malman Law, reviewed by Steve J. Malman.

If you were injured, you may have a claim against your personal trainer for injuries. Accidents and injuries that arise from the negligence of an individual (including professional trainers) are applicable under personal injury law. Your trainer owes you a duty of care, which means that he or she is required to perform professionally and protect you from injury. However, it is important to realize that not all injuries are negligence-based and your personal trainer can only be held liable under specific circumstances.

Proving Negligence with Injuries from a Personal Trainer

These types of cases can be complex, especially because there are risks associated with training – whether in a gym or outside of the facility. You must prove four elements to establish that your trainer was negligent and therefore, responsible for your injuries. These four elements include:

1. Duty – You first must prove that the defendant owed you a duty of care, and that duty of care was breached. Duty of care is the law’s way of recognizing a professional relationship between you and your trainer. Therefore, you must prove that your trainer had a relationship with you, was working for you and, therefore, had a duty.
2. Breach – Next, you must prove that there was a breach in that duty of care, which resulted in your injuries. This establishes liability for the defendant. If the trainer failed to use reasonable care with you, such as pushing you too hard and too quickly, and you suffer injuries, the defendant has acted negligently.
3. Causation – Next, you must prove that the trainer was the actual cause of your injury. For example, your trainer has reignited an old injury that he or she knew about. In this case, the trainer is liable. If, however, pre-existing injuries were not explained to the trainer, causation could be more difficult.
4. Damages – In order to seek compensation, you must show that the injuries you suffered were the cause of real damages (monetary losses). This means that you encountered costs – such as medical bill payments, pain and suffering, or even time away from work – because of your injury.

Speak with a Personal Injury Attorney First

While your recent experience with your personal trainer may have resulted in an injury, it is important to realize that not all injuries are based on negligence. You could have also been partially to blame for your injuries. For example, your trainer cautioned you about pushing yourself too hard, but you continued to do so despite these warnings. If you suffer injury, you may be considered negligent, as well, which may reduce your settlement or have the claim denied altogether.

To establish if you have a claim against your personal trainer, you need to consult with a Chicago personal injury attorney. Contact the team at Malman Law today regarding your potential injury case. We offer free, no-obligation consultations at our office. Schedule your appointment at 888-751-2297 or fill out our online contact form with your questions.