The Cardone legal team has discussed on this blog the risks of medical malpractice and the possible methods of recovery. The potential to be injured by a trained professional, however, is not limited to the medical field, we put our body’s safety in the hands of “trained” professionals on a daily basis and may need remedies if something goes wrong.
Back in 2010, a negligence lawsuit was filed in Orleans Parish District Court against a Louisiana personal trainer who was accused of causing the injuries of a New Orleans woman. The woman, Ms. Wallace, participated in a weight-training program under the supervision and guidance of the personal trainer.
The lawsuit named the personal training company and exercise facility as co-defendants in the suit. The suit alleged that, during the exercise routine, the personal trainer was responsible for assessing a client’s physical condition, instructing clients on workouts suited for them with their personal limitations in mind, and teaching proper and improper methods of exercising.
The suit alleged that the personal trainer failed to properly asses Wallace’s physical fitness and failed to design a program that was appropriate for her. This, according to the suit, led to severe injuries to her bicep and rotator cuff, which both required surgery.
The action falls under a negligence claim which has four main components: duty, breach of that duty, that breach caused an injury, and damage as a result of the injury. The plaintiff’s attorney has put forth that a personal trainer owes a clear duty to each individual they train to not put them at physical risk, and but for his negligent or even reckless breach of his duty Wallace would not have been hurt. Now Wallace is seeking damages for the pain and suffering of her injury, reimbursement for medical costs, loss of enjoyment of life damages, interest and court costs.
Wallace’s suit has not been the only major suit against a personal trainer filed in recent years. More recently, Bally’s Total Fitness is being sued by a Baton Rouge woman who sustained severe bodily injuries during a personal training session. According to her suit, she was towards the end of her training session exercising on an assisted pull-up machine in which the resistance amounts were chosen by her trainer. Upon dismounting from the machine, the assisting portion was pulled back by the assisting weights and the woman was thrown several feet off and away from the machine. The impact of the fall caused injuries to her back, ribs, arm and hand.
The personal trainer is being accused of negligence for his failure to properly oversee her actions during the exercise and upon dismounting from the machine. According to the suit, if the trainer had been aware of how she was attempting to dismount he would have easily been able to prevent her from falling. The fitness center was also named in the suit for failure to properly supervise their employees.
The damages sought are pain and suffering, medical costs, loss of enjoyment of life and mental anguish.
As we all give our best attempt to maintain and improve our bodies and seek expert advice on the best methods to do so, we will run into human error, negligence, and even recklessness. Cardone Law has years of specialized experience fighting for justice for those who have suffered as a result of negligence or malpractice. If you or a loved one has suffered based on the advice, guidance, or instruction of a personal trainer, nutritionist, dietician, or other trained professional, do not hesitate to call us to schedule your free confidential consultation. Cardone Law serves clients in Baton Rouge, New Orleans, and throughout Louisiana.
Contact us online or phone Cardone. 1-888-89-CARDONE (1-888-892-2736)