Case Example #5: Premises Liability

Our Client:
Our client, a long time Klamath Falls resident, won a gym membership in a raffle. The day of her injury was the first time she had ever used a gym.

The Facts:
As our client started to use one of the automated machines, she fell, striking her head on the floor, causing massive head injuries.

His Injuries:
Her injuries included multiple skull fractures and a brain hemorrhage. Brain damage caused permanent memory problems, a loss of the sense of smell, a loss of the sense of taste, and partial hearing loss.

Our Client's Problem:
The gym and its insurance company denied that the incident was their fault. They blamed everything on our client. Several attorneys turned our client down prior to our involvement, saying that her case was “too tough.”

The Resolution:
We found that the gym had knowingly removed a safety bar from the machine prior to our client using it. We found that the flooring did not meet safety standards, as no padding was used. We also found that there was a lack of appropriate supervision and instruction of new gym members. We filed the case in court and proceeded with an intensive legal discovery process. We tracked down the ownership manuals for the machine involved, tracked down the machine itself, and tracked down the gym’s prior employees. We also hired a nationally renowned gym safety expert as well as a neurosurgeon and neuropsychologist to testify to the permanent brain injuries.

The Result:
The case settled for a large confidential amount within two weeks of trial.