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McKinsey & Company Any tested strategy to move from FDD/PMO profile to a strategy/consulting profile?
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send letter of representation to planet fitness as well as manufacturer and see if you’ll get some money off the bat, it’s not actually that tough to litigate these cases though
Thank you both!
Pro
Your issue is going to be the waiver your client signed when he/she/they signed up. In CA you’d have to allege gross negligence to get around it. Not so much an issue if you bring the manufacturer in, but cables snapping tend to be a maintenance problem not a defect. Notice shouldn’t be difficult because they have a duty to inspect and “should” know. I’ve litigated gym cases and almost always got paid decent money. Unlikely to settle pre-suit for decent money though. My experience has been that they pay when they lose the motion for summary judgment. Good luck.
I believe it’ll come down to whether they had notice
Ohh ok yes! That’s what I was thinking ! I will research this. Thank you for your help !!
If that's the extent of the injuries don't sue it, that's for sure.
I would send a letter of rep and request for insurance info and include a preservation and inspection request for you asap. Planet fitness has an obligation to disclose insurance and you definitely want to document the condition of the machine and get surveillance if any.
Also, your client needs to get medical diagnosis and treatment going and help you identify witnesses and get their contact info.
I would also get going with reviewing the terms of service that your client agreed to, and researching liability issues. I would gravitate towards researching premises liability, products liability, and/or negligent maintenance/repairs. There will probably be exemptions to any waiver your client signed as a matter of law.
Best lesson I ever learned was to avoid rushing on putting a demand together until I can paint a picture and support a solid claim.
if the minor injury didn't act up in a few years, I doubt they could make it an issue or show it didn't heal on its own
you need to research aggravation of preexisting conditions aka "eggshell skull" theories
Client hired me and I set out rep letter/ spoliation letter last week. I’m trying to figure out how to go about the inspection. I never sent inspection request.
Can I just show up at gym to take photos or should I send the inspection req letter now? Also am I looking for any specifics for the photos ? Just get the broken cable and a couple overall photos of the machine ?
This is very helpful. Thank you! Do you have thoughts on LOPs for a premise case like this with minor injuries ? Client still needs to see neuro and get MRI, but it might just be soft tissue. Incident was 1/30 and he can’t see the neuro until next week. He went to ER the day it happened and started treating last week. Should I wait til end of therapy like normal to settle or is this a case I should try to settle quickly and get out. Someone got me worrying today about doing an LOP. I havnt signed it yet but they will prob be sending it soon
I’m curious if anyone wants to elaborate their thoughts on the litigating conflicting comments: don’t litigate and easy to litigate. I also do plt LIT first party property (homeowners insurance) which are pretty straight forward and easy to litigate but I don’t know much about PI litigation except I’m assuming it’s more costly and complex because of medical experts..?? Would would you say typical soft tissue damages are ?
Pro
If you work it up right this could be a surgical case. Send him to a real doctor, not a chiro.