my good friends son got killed in the gym yesturday

[shrimp poboy]

Kids do not belong near weight rooms

 

[dabuffguy]

he doesnt have to. He just has to prove negligence.

the only person guilty of negligence is the father for having his son in the gym.

That's it.

He wasn't supposed to be there, and a horrible accident happened to him. Dad's responsible for having him there period.



You are basically saying that if I trespass on someone's property or break into their house and I get hurt because they have an "unsafe" mechanism I can just sue them for it even though I was the one trespassing. No way.

sorry but you're dead wrong. this would never make it to court.

 

[Mr. dB]

the reasoning they don't let children in gyms is for this exact reason, exact reason why the owner told him he wasn't allowed, he shouldn't of been there, case closed

A dual cable machine falling on an adult would probably be fatal too. A user shouldn't be able to pull over a machine.

 

[Jocques Straap]

Tragic, I hope the father can recover. Mistakes can happen so fast some times.


Those release of liability forms aren't worth the paper they are written on. Yes, the machine needed to be bolted to the ground. Typically there is a warning on it that says, you can be hurt or killed if it's not bolted down. The gym should have bolted the machine down. If the gym bolted the machine down, the child would still be alive.

 

[walliwalibus]

I do believe they posted a sign that said children weren't allowed in the area, not in the whole building. Just to clear that up.

 

[scooter22]

I don't know if I could go if something like that happened.

 

[ponyfitness]

You are basically saying that if I trespass on someone's property or break into their house and I get hurt because they have an "unsafe" mechanism I can just sue them for it even though I was the one trespassing. No way.

I thought there was a court case a few years back where a burgular doing a B+E fell down a flight of stairs because of a broken railing and sued the owners for negligence. Obviously it's ridiculous but in sue happy America anything is possible.

You have to consider the mechanics too. Those crossover machines weigh at least 300 pounds - the father would have to be doing some pretty ridiculous crap to have it actually fall over, never mind not noticing the machine was about to tilt over towards his kid.

He will have to live every day knowing he probably did something stupid and killed his son. All the gym has to do is get one of their staff to say "yup, we told him he shouldn't have his son in there but he ignored us." Lawsuit over. Imagine if the father had been doing overhead dumbbell presses, dropped one and it hit the kid on the head and killed him. Who's liable then?

 

[jnevin]

So please explain how the prosecution is going to explain why the Dad forced will against the club to let his 7 year old child in there knowing full well and being told he's not allowed.

Well, if it's like any gym I've gone to there'd be a person working at the desk. If they let the kid in and he got hurt, they're liable. The dad signed the contract and the waiver, not his son.

 

[jnevin]

the only person guilty of negligence is the father for having his son in the gym.

That's it.

He wasn't supposed to be there, and a horrible accident happened to him. Dad's responsible for having him there period.



You are basically saying that if I trespass on someone's property or break into their house and I get hurt because they have an "unsafe" mechanism I can just sue them for it even though I was the one trespassing. No way.

sorry but you're dead wrong. this would never make it to court.

The gym let the kid in. They fucked up.

And yeah, if you trespass and hurt yourself on someone's property you can sue. It's dumb as hell, but if you can prove you were hurt because of an unsafe environment, you can sue.

 

[jnevin]

I thought there was a court case a few years back where a burgular doing a B+E fell down a flight of stairs because of a broken railing and sued the owners for negligence. Obviously it's ridiculous but in sue happy America anything is possible.

You have to consider the mechanics too. Those crossover machines weigh at least 300 pounds - the father would have to be doing some pretty ridiculous crap to have it actually fall over, never mind not noticing the machine was about to tilt over towards his kid.

He will have to live every day knowing he probably did something stupid and killed his son. All the gym has to do is get one of their staff to say "yup, we told him he shouldn't have his son in there but he ignored us." Lawsuit over. Imagine if the father had been doing overhead dumbbell presses, dropped one and it hit the kid on the head and killed him. Who's liable then?

The gym for letting the kid in.

But I agree the guy had to be doing something ridiculous to pull that thing over.