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.
Bullshit...
There is grounds for a lawsuit. Regardless of if his son was supposed to be in there or not. What if it would've fallen on someone else "of age" it still has the potential to cause great harm. The machine should have been secured. Its not going to as much about who got injured, but why the machine wasn't properly secured for safety reasons. PERIOD
Doesn't matter if they signed a waiver or not. Hell...Your postal worker could trip walking up your steps to deliver your mail, and sue your homeowners insurance and they would win.