Many people go to spas or fitness facilities to relax and get rid of all their tension and problems for a short period of time.
A school principal went to a fitness center where she tripped on the ice build-up near the swimming pool and fell on her left side. She injured her left shoulder and sued the owner and operator of the fitness facility claiming that they failed to take care of the premises thus they created a hazardous condition which caused her fall as reported by the New York Law Journal in an April 1, 2013 news article.
There were mats surrounding the pool. The principal claimed, however, that the area where she fell did not have any. The principal had an expert rebuild the accident site to show that the pool area was neither safe nor properly secured. Furthermore, the principal was able to get a meteorologist who proved that a snowstorm had occurred prior to the accident, thus the owners should have taken safety precautions.
The fitness area had a camera that caught the accident on tape. On the one hand the principal claimed that she fell onto her left side whereas the owners claimed that the tapes showed that she felled onto her knees. Moreover, the owners claimed that they took precautions as there were warning signs and mats placed appropriately.
The principal had to undergo surgery, and thus she wanted to collect for the pain and suffering she endured and will endure due to this accident. However, the owners claimed that her left shoulder was not injured due to the accident. The case was settled for about $100,000.
We at Jayson Lutzky, P.C. can provide you with the information you need if you have been injured, and how this may affect an accident claim. If you have been injured due to someone elseâ€™s behavior and you are in need of legal advice, then please feel free to call us at 1-800-660-5299 for a free initial in office consultation or visit our website at www.MyNewYorkCityLawyer.com.