What to do if a dance instructor fell while demonstrating the steps and injured me during class?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if a dance instructor fell while demonstrating the steps and injured me during class?
I broke my arm and damaged my watch in the process. Is it possible for me to claim against the gym for medical fee as well as damages to my watch?
Asked on August 22, 2015 under Personal Injury, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
You can very likely sue the dance instructor for your injuries e.g. medical costs, lost wages, and possibly some amount for "pain and suffering"--the life impairment from a broken arm and the broken watch if the instructor was careless or negligent in causing your injury. He/she would not be liable if someone else tripped into them and pushed them into you, or it was otherwise not their fault.
If the instructor was a gym employee, you could also most likely sue the gym as well, since an employer can be liable for the injuries their employees cause during the course of their employment, under the legal theory of "respondeat superior." In this case, you'd sue both the instructor and the gym.
But if the instructor was not a gym employee--e.g. she or he was an independent contractor and/or leased/rented the space to put on his/her classes--then the gym would not be liable, since the instructor is independent of them, unless the fall happened because of an unsafe condition in the gym, like a loose floorboard.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.