Thread: SPOTTING..Being Sued?

I couldn't find anything on google, but yes, I think a case could be made out of either one.

A case could be made, but I doubt it would. They would go after the gym, which would have deeper pockets.

Originally Posted by Dale Mabry

A case could be made, but I doubt it would. They would go after the gym, which would have deeper pockets.

Then again, my gym has a "use at you own risk" clause on the contract!! Protects their arse!

Originally Posted by Uzi9

If your just a member of a gym and you spot a guy and the weight slips out your hands and crushes the guy..... or what if he dies do you think you could be done for manslaughter?

I'm no lawyer (DG would probably know about this with his background)

But it wouldn't be manslaughter. That's an entirely different concept.

Would someone try to sue? In a very rare case, yes they might.

We've heard of all the other stories.

Anyone can be sued for anything. You might not win, but you can sue. Only costs like $45 to file a case. If you don't like the way I look at you, you can sue me for that. But I also agree, they would go after the gym and even if the gym has a "clause", that usually will not hold up in court. They and other companies do things like that to dissuade people from suing. Once your in court that clause doesn't really mean crap.

Originally Posted by rock4832

Anyone can be sued for anything. You might not win, but you can sue. Only costs like $45 to file a case. If you don't like the way I look at you, you can sue me for that. But I also agree, they would go after the gym and even if the gym has a "clause", that usually will not hold up in court. They and other companies do things like that to dissuade people from suing. Once your in court that clause doesn't really mean crap.

I think the clause would mean something actually, especially since you have to sign it. It is a contract with your gym. However, if the equipment broke while you were using it or if a member of the gym staff was spotting you, and you got injured, that would be a different story and you could sue the gym.

If someone asks you for a spot, you should know whether or not you are physically capable of spotting them correctly. You do have the option to say no, afterall. They are putting their safety in your hands, and you should be aware of that.

On the other hand, if someone does not ask you for a spot but they need help getting the bar off of them, and you try to help but fail, I don't think you would be liable for their injury.

(This is based on logical speculation, I don't know this for a fact.)

This is a very interesting subject. I NEVER thought about that before.

Arent there "good samaritan" laws now that protect people who help others out...? I mean, if some poor dude 's got the bar stuck on his chest, u try to assist him and "oops" drop it on his face, u should not be held responsible...Along the lines of breaking someone's arm while rescuing them from their burning home or something!

Originally Posted by crazy_enough

Arent there "good samaritan" laws now that protect people who help others out...? I mean, if some poor dude 's got the bar stuck on his chest, u try to assist him and "oops" drop it on his face, u should not be held responsible...Along the lines of breaking someone's arm while rescuing them from their burning home or something!

There is the Good Samaritan law, but that doesn't stop someone from suing you. The judge WILL probably give the verdict in your favor, but that doesn't negate all the money your going to spend on lawyers and court costs.

damn, that is crazy. I never thought about that. I am going to ask a few lawyers that I train and see what they say.

i don't think there's any way someone can sue you for spotting them.

It's your dumbass fault for loading the bar with too much weight that you can't handle in the first place, not mine. If someone ever sued me for spotting them and they couldn't handle it enough where I couldn't even spot them and they got injured, i'd kill them for free, and there'd be no courtcase.

I'm guessing the gym would be at fault. My understanding is that is what the trainers at our gym are for. But it is an intersting question.

Originally Posted by Flex

i don't think there's any way someone can sue you for spotting them.

It's your dumbass fault for loading the bar with too much weight that you can't handle in the first place, not mine. If someone ever sued me for spotting them and they couldn't handle it enough where I couldn't even spot them and they got injured, i'd kill them for free, and there'd be no courtcase.

Exactly, if you can't hold up enough of the weight to not kill your self then I hope you drop it so there's one less idiot doing 10 sets of bench press and curls.

nice avatar, uzi

Originally Posted by rock4832

There is the Good Samaritan law, but that doesn't stop someone from suing you. The judge WILL probably give the verdict in your favor, but that doesn't negate all the money your going to spend on lawyers and court costs.

As far as I recollect, there is no Good Samaritan law anywhere in America. You are only required to act on someone else's behalf if you take a substantial step toward aiding someone in peril, or you created the situation causing the danger.

I don't think either of those apply in the case of spotting---unless the spotter negligently (gross) performs the job of spotting.

gyms carry liability insurance, I cannot imagine that you could be found liable unless they could prove that you deliberately dropped the weight on them.

Originally Posted by Flex

It's your dumbass fault for loading the bar with too much weight that you can't handle in the first place

Originally Posted by ihateschoolmt

Exactly, if you can't hold up enough of the weight to not kill your self then I hope you drop it so there's one less idiot doing 10 sets of bench press and curls.

The premise of this discussion was...

What if you are spotting someone and YOU slip and drop the weight resulting in his or her injury or death.

This is slightly different than just some fool trying to push too much weight. I see responsible and well-respected BBers pushing max weight all the time (sometimes with 2 spotters when the weight is UBER). To make some claim like "the dumbass had it coming" is a bit short-sided given the scenario we originally started with.

Originally Posted by Robert DiMaggio

gyms carry liability insurance, I cannot imagine that you could be found liable unless they could prove that you deliberately dropped the weight on them.

Exactly, unless it can be proven that the weight was dropped due to your malicious intent or due to gross negligence (i.e. watching some hottie's ass on the Stairmaster instead of watching your spot), it is highly unlikely you would be found culpable for the unfortunate event.

Originally Posted by rock4832

but that doesn't negate all the money your going to spend on lawyers and court costs.

This is precisely the reason most businesses and (certain celebrities) settle their cases out of court. It's easier just to pay the plaintiff off rather than incur the expense of a full-blown trial.
I have to agree with the masses here. This is a very interesting subject. I've put a call into my lawyer to see his take on the matter.

I don't think a clause in a gym contract would stand up in court in the event that any negligence could be found such as not providing enough trainers to spot. Regardless of whether or not you signed something stating that you would not sue, if there is evidence that there is something the gym could have realistically done to protect a patron and they failed to do it, they would lose a lawsuit quite easily.

Originally Posted by Dale Mabry

I don't think a clause in a gym contract would stand up in court in the event that any negligence could be found such as not providing enough trainers to spot. Regardless of whether or not you signed something stating that you would not sue, if there is evidence that there is something the gym could have realistically done to protect a patron and they failed to do it, they would lose a lawsuit quite easily.

Thank you.

Originally Posted by Decker

As far as I recollect, there is no Good Samaritan law anywhere in America.

No offense, but you recollect incorrectly

Originally Posted by Dale Mabry

I don't think a clause in a gym contract would stand up in court in the event that any negligence could be found such as not providing enough trainers to spot.

That's right. Liability can never be totally removed. The common law tort of negligence has been codified everywhere and the spotter would be held to a reasonable person standard--ie what would a reasonable person do under like circumstances. Whether the gym can be reached (deep pockets) is debatable...if the spotter were a PT employed by the gym, then liability would probably extend to the gym owner.

Originally Posted by rock4832

No offense, but you recollect incorrectly

Perhaps, but what state in the US has this law? What burden does it impose on disinterested parties? I've been out of law school for 4 years now and no good samaritan laws existed then, I'm interested to see which state opened this can of worms.

I do recall a good samaritan law being extended to Drs or medical professionals, but I think those disappeared largely.


It appears I spoke hastily, the good samaritan laws out there immunized from liability those taking an affirmative step toward helping someone in peril. the only distinction I'd draw is that the gsl does not create a duty to act, just an immunity to liability. Man was I off.

How about if you're spotting a lady and it's laundry day so you went to the gym freeballin', you step over her and she gets a glimpse of your package is this indecent exposure or just her lucky day? Or could you sue her for invasion of privacy?

lol.

Originally Posted by busyLivin

nice avatar, uzi

you two twins?

Originally Posted by Decker

It appears I spoke hastily, the good samaritan laws out there immunized from liability those taking an affirmative step toward helping someone in peril. the only distinction I'd draw is that the gsl does not create a duty to act, just an immunity to liability. Man was I off.

Thats what I thought!! I couldnt find time to research today but a recalled reading about this quite recently...

I would assume that in the case they would have to prove that you were a "qualified" spotter familiar with his lifting style and that on top of that you were negligent in your spotting. I dont think you would have any trouble winning a case like unless there were witnesses saying you were checking out some girls ass instead of spotting like you were supposed to.

You should win a case like this but who wants to go through all that legal shit....bastards sue for everything these days.

I did have a guy with staples in his chest (he was wearing a tank top).....tell me he is recovering from open heart surgery, asked me if i could spot him but not to let th ebar touch his chest becasue it could "kill him".

I asked him if he was sure he should be in the gym at all and told him to find someone else to spot him...never saw him again after that.....hmmm.