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Personal Injury - Gym whilst under PT supervision

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  • #16
    Thanks for the update. You've got a lot on your plate at the moment!
    I am a qualified solicitor and am happy to try and assist informally, where needed.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

    If in doubt you should always seek professional face to face legal advice.

    Comment


    • #17
      Originally posted by Peridot View Post
      Thanks for the update. You've got a lot on your plate at the moment!
      Tell me about it

      Comment


      • #18
        Hello

        Approx 7 months ago I suffered a very painful back injury at my local gym whilst using one of their PTs. The gym are refusing to give me the trainers contact details i.e. address and insurance cover info, so myself and my solicitor are finding it hard to contact him.

        The gym (The Hut Group) are stating the the PT is self employed and responsible for their own insurance cover and therefore not able to provide contact details, yet they allow the PTs to use their equipment for a monthly fee.

        Are THG therefore ultimately responsible, i.e. allowing PTs to use the gym without knowledge of their insurance cover, effectively allowing PTs to train customers inside with insurance in place?

        The PT did not complete a PARQ and despite me advising verbally of pre existing injuries has subsequently caused severe damage to my sciatic nerve which may not heal, by getting me to complete an exercise with excessive weight, which was completely inappropriate for me in the first place. I broke me left knee 5 years ago and have a metal plate in it, my right knee has torn cartilage, and my lower back is weak. The PT had me doing hack squats and kept increasing the weight.

        Any help would be much appreciated

        Comment


        • #19
          Originally posted by Robert Bacon View Post
          Hello

          Approx 7 months ago I suffered a very painful back injury at my local gym whilst using one of their PTs. The gym are refusing to give me the trainers contact details i.e. address and insurance cover info, so myself and my solicitor are finding it hard to contact him.

          The gym (The Hut Group) are stating the the PT is self employed and responsible for their own insurance cover and therefore not able to provide contact details, yet they allow the PTs to use their equipment for a monthly fee.

          Are THG therefore ultimately responsible, i.e. allowing PTs to use the gym without knowledge of their insurance cover, effectively allowing PTs to train customers inside with insurance in place?

          The PT did not complete a PARQ and despite me advising verbally of pre existing injuries has subsequently caused severe damage to my sciatic nerve which may not heal, by getting me to complete an exercise with excessive weight, which was completely inappropriate for me in the first place. I broke me left knee 5 years ago and have a metal plate in it, my right knee has torn cartilage, and my lower back is weak. The PT had me doing hack squats and kept increasing the weight.

          Any help would be much appreciated
          You need one of these: https://en.wikipedia.org/wiki/Norwich_Pharmacal_order I have no idea why your solicitor has not already suggested this?

          I cannot say whether the gym is responsible for the PT. What does your solicitor say? I'd have thought that a lot depends on how you contacted the PT in the first place. Did the gym just allocate him to you? Is there a noticeboard where the PTs advertise? Are there notices from the gym disclaiming responsibility for PTs?

          I am concerned about one thing. If the PT had insurance, why didn't he just pass your claim onto them and let them deal with it? Whilst, if he didn't have insurance, what's the point of suing him? Does he have any money? Worse still, some NWNF agreements mean you are liable for your own solicitor's fees if you win the case, even if you don't manage to collect any money from the defendant.

          Comment


          • #20
            For anyone following this the original thread is here: https://legalbeagles.info/forums/for...pt-supervision

            Probably only has Public Liability insurance anyway, and what he needs is Professional Indemnity

            Comment


            • #21
              Originally posted by 2222 View Post

              You need one of these: https://en.wikipedia.org/wiki/Norwich_Pharmacal_order I have no idea why your solicitor has not already suggested this?

              I cannot say whether the gym is responsible for the PT. What does your solicitor say? I'd have thought that a lot depends on how you contacted the PT in the first place. Did the gym just allocate him to you? Is there a noticeboard where the PTs advertise? Are there notices from the gym disclaiming responsibility for PTs?

              I am concerned about one thing. If the PT had insurance, why didn't he just pass your claim onto them and let them deal with it? Whilst, if he didn't have insurance, what's the point of suing him? Does he have any money? Worse still, some NWNF agreements mean you are liable for your own solicitor's fees if you win the case, even if you don't manage to collect any money from the defendant.
              Hi

              The PT works and advertises his services at the gym both on their website and via bill boards / posters etc at the club.

              There are no disclaimers.

              We have tried to contact the PT but he is not responding.

              As the gym allow him to work there they have advised that all Its are insured, but won't disclose his personal details to either myself or my solicitor.

              No idea if he has money or not how would I ?

              My point re if he isn't insured is that the gym (i would suspect) should have some form of liability in that they allowed him to act as a PT on their premises with obvious advertising to support, yet failed to ensure the PT had suitable insurance cover.

              Comment


              • #22
                I found this https://www.halecountryclub.co.uk/personal-trainers/

                Is that the right club?

                That link talks about "Our fully certified Personal Trainers will develop a training program tailored entirely to your needs. With a vast array of experience and knowledge between them you'll be sure to find what you're looking for."

                If you click the contact link, it says "Please leave your information here, our personal trainer will be in touch.".

                That certainly does not look like they are distancing themselves from "their" trainers until after there has been a catastrophe.

                If you possibly can, and your solicitor so advises, you should sue the club on the basis that a) you know their address, and b) they are almost certain to have insurance cover. Leave them to join the PT instructor into the action later on, if they think it worth their while.

                "No idea if he has money or not how would I ?" For practical purposes, he hasn't. You earn 180k pa, and you've already been off work 6-7 months, with only a small, gradual improvement, so far, and the possible prospect of relapses in the future. You know perfectly well that the PT doesn't have a spare million in his pocket. He might have insurance, but if he had, surely he'd have put this case in their hands? It could be, though, that the club have arranged insurance for all these guys.

                When the PT contacted you, did he clearly explain that he was self-employed and not connected with the club at that stage? You mentioned a contract he sent you. Does that make it very clear?

                Comment


                • #23
                  Originally posted by 2222 View Post
                  I found this https://www.halecountryclub.co.uk/personal-trainers/

                  Is that the right club?

                  That link talks about "Our fully certified Personal Trainers will develop a training program tailored entirely to your needs. With a vast array of experience and knowledge between them you'll be sure to find what you're looking for."

                  If you click the contact link, it says "Please leave your information here, our personal trainer will be in touch.".

                  That certainly does not look like they are distancing themselves from "their" trainers until after there has been a catastrophe.

                  If you possibly can, and your solicitor so advises, you should sue the club on the basis that a) you know their address, and b) they are almost certain to have insurance cover. Leave them to join the PT instructor into the action later on, if they think it worth their while.

                  "No idea if he has money or not how would I ?" For practical purposes, he hasn't. You earn 180k pa, and you've already been off work 6-7 months, with only a small, gradual improvement, so far, and the possible prospect of relapses in the future. You know perfectly well that the PT doesn't have a spare million in his pocket. He might have insurance, but if he had, surely he'd have put this case in their hands? It could be, though, that the club have arranged insurance for all these guys.

                  When the PT contacted you, did he clearly explain that he was self-employed and not connected with the club at that stage? You mentioned a contract he sent you. Does that make it very clear?
                  The contact does state that the trainer is self employed but does not clarify whether he is connected to the club or not as it does not make this distinction

                  It also sates that under my own obligations I should complete a PARQ, but one was never provided we simply exchanged money and began training. During the first session I advised the trainer of my pre existing conditions verbally, and he simply acknowledged these issues and did not ask for a medical cert to ensure that it was safe to continue.

                  Given that I advised I had broken my left knee, was due an op on my right knee and had a bad/weak lower back, looking back I at it, I am shocked he was directing me to do hack squats of any description which ultimately caused my back problems.

                  Comment


                  • #24
                    This is potentially a very large claim. I was not exaggerating above. You can't rely on an online forum. The question is whether you can hold the club responsible, not whether the PT gave you the wrong exercises, and your solicitor needs to deal with that. You may have the wrong solicitor if he is concentrating on pain and suffering rather than lost earnings.

                    Comment


                    • #25
                      I think the issue is as we have previously pointed out the special damages such as loss of earnings flow from the general damages so the injury itself. If medical evidence supports the injury being as a result of the gym injury then the loss of earnings come into play. If there is a long standing problem that has been exacerbated by this incident then the loss of earnings will only be for the period the injury was exacerbated for. I would look back over the previous thread mentioned in post #3 or amalgamate the posts? Kati Amethyst ??
                      I am a qualified solicitor and am happy to try and assist informally, where needed.

                      Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

                      If in doubt you should always seek professional face to face legal advice.

                      Comment


                      • #26
                        Originally posted by Peridot View Post
                        I would look back over the previous thread mentioned in post #3 or amalgamate the posts? Kati Amethyst ??
                        threads merged xx

                        Debt is like any other trap, easy enough to get into, but hard enough to get out of.

                        It doesn't matter where your journey begins, so long as you begin it...

                        recte agens confido

                        ~~~~~

                        Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

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                        Comment


                        • #27
                          Hi, not sure what on earth is going on but now my gym membership has been cancelled. It all feels very suspicious as they are refusing to provide the instructors contact details. I am surprised that an organisation of this size is prepared to treat its customers this way. Basically do as you are told and everything is fine, but have an issue with their service and they do this. I loved this place and have been a member ever since it opened and this is the first issue I have had, and clearly their customers do not come first.

                          I have written to their CEO in the hope he can see some sense. It's equally upsetting as the ability to use the jacuzzi there was helping (slowly) with my back recovery which is the cause of this issue. I put in a SAR request after logging my injury with them via their contact us web page. This apparently was never received (I have screen shots to show otherwise) and immediately after doing this I started getting calls from personal injury lawyers. Obviously I thought there must be some kind of data breach, but they denied this, so I asked for a SAR to see what data they held for me. The returned info was scant and against the THG policy, and did not include my logged personal injury report which all feels a little suspicious to me.

                          (1) They seem to be protecting their PT
                          (2) Deny a lack of data control

                          Result remove the problem by penalising me, a loyal customer for over 10 years!!!

                          Comment


                          • #28
                            Can anyone suggest a solicitor that would be able and willing to take on my case for a personal injury. To date I just seem to have been met with blatant incompetence where the company that had agreed to take on my case did absolutely nothing because they were not willing to pay for a https://en.wikipedia.org/wiki/Norwich_Pharmacal_order despite a very favourable 'no win no fee' agreement. I then approached another firm and they stated they have a very low risk appetite approach and then despite stating they deal with 'accidents in the gym, stated that a 'hack squat' (which is a leg strengthening exercise) was unlikely to hurt someones back and didn't want to take the case. If they were in any way aware of gym exercise and indeed what a hack squat, would realise that a hack squat places massive load on the lower back, so clearly they are not 'gym specialists' despite their claims.

                            If anyone can point me in the right direction I would really appreciate it as I am still (after 7 months) on a cocktail of drugs and in considerable pain as a result of a PT's actions and incompetence .

                            The gym have refused to log the injury despite repeat attempts to get them to do so, and as a result of my repeat requests have now cancelled my membership.

                            There seems to be a real 'closed shop' approach to this situation at the Hale Country Club and Spa, which is hindering my claim and I need some professional help to get this resolved. They have to date equally not paid back my in-house credit on my membership card and not refunded my membership payment which was taken after they cancelled my membership. Subsequent payments have now been stopped.

                            I have attended my GP and Hospital as a result of my injury many times and as mentioned am constantly on drugs and have a witness that took me home that will confirm the request for the injury to be logged and I have subsequent screen shots that support a further request for this injury to be logged.

                            I followed up with a SAR and to my surprise the injury was still not logged and further information of mine that should have been present was not provided, and info held was wrong.

                            Also as a result of my online log of my injury I have been contacted by a number of personal injury lawyers indicating data sharing despite the gym denying this activity.

                            The Hut Group are being extremely defensive and simply creating blockers stopping me from pursing my legal rights to seek compensation from their trainer.

                            They state tihs is nothing to do with them, yet declare the PT's on their website as being 'theirs', and the PT provides his contact address via their website as being at the Hale Country Club and Spa, so on one hand the club denies any involvement yet their website (again I have copies) and the PT's contact details would suggest otherwise.

                            Either the Club or the Trainer must be liable.

                            Please can someone help I am at a loss to know what to do.

                            Comment


                            • #29
                              Originally posted by NOCAB View Post
                              Claim forms have been sent to the defendant, and it's been a month to date and we have not heard anything. My solicitor is going to chase this again.

                              I have managed to obtain a contact within the Gym owners (HUT Group - legal team) and passed this on to my solicitor as we have requested evidence from them that their PTs actually have insurance and proof to support this. I have also provided my solicitor with proof of my normal earnings as a contractor, but as I haven't been able to look for work I haven't been able to earn anything!!!

                              On the positive side, and after nearly 6 moths I am beginning to slowly feel some improvement but am still on strong medication which manages the pain and whilst on this I can't drive and have suffered other side effects which are not great....
                              Not sure if anyone can add to this but in the hope of some further support I have a question and need some advise.

                              My solicitor wrote to the Gym involved in my personal injury, but they have simply denied liability and now my solicitor has written to the PT's own insurer re the same, and now yet more time is being allowed for them to respond (25/07/2019). My concern here is that my solicitor seems to be doing very little re actually pursing my claim, and I am concerned that if the PT's insurer comes back denying liability as well, she will simply accept that position and not follow up. The solicitor seems very dis-interested in my case (or so it appears) and I do not want time limitations to kick in and not be able to follow up on this case, as the resultant injury has changed my life and I am in constant pain as a result. Sciatic nerve damage is incredibly painful, and nothing seems to be being done to support my case against the trainer.

                              What should be happening and what should happen next if the PT's insurer denies liability (which is more than likely) given the PT and club have closed doors to protect themselves, cancelled my gym membership and failed to follow up on the their own internal processes i.e. save internal CCTV recordings to show the incident, and or record the incident in the injury log. Basically they have not done a thing except deny everything.

                              Any advise would be appreciated.

                              Comment


                              • #30
                                Hi NoCab,

                                The pre action protocol applies to the claim and therefore the potential defendants will have 3mths in which to investigate before giving a decision on liability.
                                If both your proposed defendants deny liability then your solicitor will have to take a view and possibly obtain a barristers opinion on the likelihood of you use the matter have to go to Court for a judge to decide.
                                Any evidence and the proposed defendants disclosed documents will have to be considered to come to a decision whether to continue or advise against pursuing further.
                                You have 3 years from the date of the accident/injury to bring any claim. If the claim is worth pursuing then a claim form should be issued before that time limit. The Court would then make the decision. However, negotiations can continue up to the Court door.
                                I am a qualified solicitor and am happy to try and assist informally, where needed.

                                Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

                                If in doubt you should always seek professional face to face legal advice.

                                Comment

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