Nature of Lawsuit
In New York, a 28-year old woman recently filed and won a negligence lawsuit against a personal trainer. The plaintiff, a recruiting agent at Bear Stearns, was concluding her personal training session when the incident occurred ("$2,250,000 settlement for gym member injured after a personal training session," n.d.). She wore a fifty-pound vest while exercising on a stair climber. Her trainer insisted that she move up and down the stairs more than five times despite her complaints that she felt pain. After finishing the session, she felt muscle soreness in her lower back, with the pain becoming unbearable in the next few days. Three days after the session, she visited a doctor who ordered an MRI scan on her lower back. The scan showed that her condition was worse than previously thought. The doctor discovered that she had a herniated disc in her lower spine. The plaintiff had to undergo two surgeries to repair her spine. The case was taken to the New York Supreme Court, with the plaintiff arguing that the weight vest together with the stair climber led to her injury. She also argued the personal trainer was negligent in ensuring a safe environment to exercise. On the other hand, the defense argued that the injury was part of a pre-existing condition and, in effect, was not associated with the incident. They also contended that the plaintiff accepted the risk of using the stair climber, and in this case, the personal trainer was not liable. The plaintiff claimed damages for past and future medical costs and suffering. She received a settlement of more than two million dollars.
Steps to Prevent Lawsuit
The trainer could have carried out prior research regarding the baseline capabilities of a woman using the weight vest on a stair climber before beginning the training session. Such research would have informed the personal trainer of the potential common risks faced by individuals performing the climbing exercise while wearing a vest. It could have also informed him how much weight is sufficient for her age and body build. In this case, the trainer could have identified the risk of a slipped disk depending on the amount of weight used. Resultantly, he could have ensured that the plaintiff used a lower weight. Knowledge from such research would also have been useful, given that he could have stopped the plaintiff from continuing with the exercise when she mentioned that she was feeling pain. In this case, the plaintiff could have avoided being injured, and the lawsuit could not have been filed.
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The personal trainer could have prevented the lawsuit by making the plaintiff sign a liability waiver before she began her personal training sessions. The waiver could have made the plaintiff aware of all the potential dangers resulting from her training exercises at the gym (Howley & Thompson, 2017) . In this case, the personal trainer could have eliminated the legal liability he faced since the plaintiff could have been denied the opportunity to file a lawsuit.
Insurance Type and Amount
The professional liability insurance would protect me as a personal trainer against a negligence lawsuit. The insurance would ensure that I am not held liable for bodily injury suffered by a client. The policy amount I would take is one million per claim. In this case, I would make adequate premium payments to the insurer to ensure the entity fully protects me.
References
$2,250,000 settlement for gym member injured after a personal training session . (n.d.). Block O'Toole & Murphy. https://www.blockotoole.com/Verdicts-Settlements/2-250-000-Awarded-to-Women-Injured-at-New-York-Sports-Club.shtml .
Howley, E. T., & Thompson, D. L. (2017). Fitness professional's handbook . Champaign, IL: Human Kinetics.
