Defective Exercise Equipment Lawyers in New Mexico
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Exercise equipment helps many people stay in shape without needing access to much space. Without much thought, however, equipment users put their faith in a lot of different people, including the manufacturer of the equipment, and if they are at a gym, the gym’s staff. In the blink of an eye, a user can be injured on a treadmill or injured on a spin bike, in which case a New Mexico injury lawyer may be necessary.
If you or a loved one has been injured in an exercise equipment-related accident, call Zinda Law Group at (800) 863-5312 and ask for a free case evaluation with one of our personal injury attorneys.
causes of exercise equipment injuries
Accidents involving exercise equipment can be caused by more than just the inexperience of the person using the equipment. They can happen through no fault of the user at all, as a matter of fact. The exact circumstances of the accident that led to your injuries will impact whether you are eligible to receive compensation; they will also determine the best strategies to pursue it.
Defective Gym Equipment
Defective gym equipment can cause all kinds of injuries. For one, if the equipment is constructed with cheap materials that aren’t rated to carry the kinds of loads that they are handling during the course of a workout, then equipment users can be put in a very precarious situation. Dangerous situations can also come about if there was a defect in the manufacturing process, a defect in the design of the machine, or if the machine is simply getting old and its components were wearing out.
Improper Maintenance
The proper maintenance schedule for a given machine will depend upon its design, its age, and the frequency of use. For example, a machine that is in a high-traffic area of a popular gym will likely need to be serviced more often than the treadmill in your basement. Regardless of what the appropriate maintenance looks like for a given gym machine, it is the responsibility of the gym to make sure that its employees follow it. If their failure to do so results in an injury, then it is possible that the gym could be held liable.
Negligent Trainers
Injuries can be caused by an overeager trainer whose program may be a bit too ambitious for their clients. Injuries can also result from the hiring of a trainer who doesn’t have the proper certification or is otherwise unqualified to be working with clients. In the case of an injury that results from the irresponsibility of a trainer, it might be possible to hold the trainer or their employer liable for your injuries.
what is products liability?
Generally speaking, products liability is an area of personal injury law that holds producers liable for placing defective products into the hands of consumers. Injuries stemming from exercise equipment will likely fall into this broad category. Within the broad umbrella of products liability law, there are a few more narrow categories of accidents that a Santa Fe personal injury lawyer can help you sort out given the unique circumstances surrounding your own accident.
Design Defect
In cases involving design defects, the allegation of negligence stems from a flaw in the design of the product. In these cases, the piece of equipment likely was made exactly according to plan, but the issue is with that plan itself. For example, if the design of a treadmill led to a high risk of it suddenly stopping without notice and throwing whomever happened to be running forward, the producer of that treadmill might be held liable on the basis of a design defect.
Manufacturing Defect
As opposed to design defects, manufacturing defects result when a piece of equipment is not made according to its design due to some error along the process of production. An example of a manufacturing defect that might lead to an accident would be a spin bike that is missing some critical fasteners that hold the bike together, leading it to fall apart when someone sits on it to ride it. It isn’t necessarily crucial to be able to show why or how the defect occurred, but rather that the producer actually did put out a defective product.
Failure to Warn
When producers create a product that presents some dangers when used in a typical way—that is, how someone might foreseeably use it—then they have a responsibility to provide adequate warnings of those dangers. For example, if a treadmill is not intended to be used above certain speeds or by users above a certain weight, these warnings should be displayed prominently on the equipment. If a failure to warn of foreseeable dangers causes an injury, a producer could be liable even if the equipment was designed and working as intended at the time of the accident.
defective exercise equipment injuries
Whether you suffered a workout at home injury or an injury in your local gym, there is a wide variety of both type and severity of injuries. While the exact injuries that you might have sustained will be dependent on exactly how the accident occurred, below are some of the more commonly suffered injuries that defective exercise equipment accident victims might face.
Head Injuries
Head injuries vary widely, whether it be a minor concussion or a Traumatic Brain Injury. Head injuries happen when there is any sort of contact with the head or neck area, which can happen quite easily in the case of defective exercise equipment. If a piece of gym equipment causes a user to lose their balance and fall, contact with the ground, particularly if it is unexpected and severe, can cause serious damage to the head area that can be complicated to fully address.
Broken Bones
Similar to head injuries, any severe contact with the ground or a piece of equipment can cause broken bones. This can range from a simple fracture to a very complicated break which might require extensive surgery and treatment to fully recover from. Aside from simply being painful, broken bones can impact a victim’s mobility and even their ability to accomplish simple tasks around the house for themselves.
Spinal Cord Injuries
Spinal cord injuries may result from the same types of accidents that cause broken bones and head injuries, but the consequences can potentially be more severe. On the lower end of the spectrum, spinal cord injuries can result in some loss of feeling or sensation. However, at the extreme end, spinal cord injuries can result in permanent changes in strength or even partial or total paralysis.
After you have addressed your medical needs, it is important that you contact an exercise equipment accident lawyer as soon as possible.
filing an exercise equipment accident lawsuit
In order to get the compensation that you’re entitled to, it might be necessary to file a lawsuit. While this might sound complicated and unmanageable, contacting a no win no fee lawyer in Santa Fe quickly will likely assist you in getting a better idea of what your options are and moving forward with a claim. No two lawsuits will ever be exactly the same, but they will generally follow the same few steps.
1. Contact a Santa Fe Personal Injury Attorney
The time after an exercise equipment injury can be extremely stressful and filled with difficult decisions. In order to alleviate this stress and give themselves the best chance at being adequately compensated for their injuries, victims should seek out the guidance of a New Mexico injury lawyer. An experienced attorney can help to give you an idea of whether your case is worth pursuing and what it might be worth, as well as develop a strategy for pursuing maximum compensation. Make sure that any attorney you consider hiring has the resources available to be able to fully pursue your case but isn’t so overburdened with other cases that they can’t give yours the attention it deserves.
2. Research and Investigate
Once you have hired an attorney, they can begin doing all of the preliminary work that your case requires. In an exercise equipment accident case, this can include finding the acceptable standards when it comes to gym equipment, analyzing medical records, and researching the New Mexico laws and statutes that will apply to your case.
3. Negotiate a Settlement
This step is critical, as it is here that the amount that you may receive in compensation will be determined. It is critical that your attorney has the experience to be able to understand the proper valuation of your case, as well as the skills to be able to form a coherent, persuasive argument as to why you are entitled to maximum compensation.
4. Go to Trial
In some cases, whether it is because a case is very complicated or the two sides are just too far apart, it may not be possible to settle things via a settlement. If this happens, then going to trial may be the only way to recover fair compensation for your wages. When going to trial, teaming up with an attorney who has experience handling similar cases through to the end is of the utmost importance.
Call zinda law group at (800) 863-5312 for a 100% free consultation
Accident victims have enough on their plates simply dealing with their injuries. You shouldn’t need to worry about fighting for your legal rights on top of resting and recovering from what may be severe injuries.
Zinda Law Group believes that no accident victim should need to worry about their ability to afford legal representation, which is why we don’t charge anything unless we win your case for you. That’s our No Win, No Fee Guarantee. Call today to set up a confidential, personalized conversation with our Santa Fe personal injury lawyers.
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