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Newswire - Most recent postsProduct Liability Injury – Giving Up Your RightsFrank came to see me recently about an accident he had sustained while exercising at his local gym. He had been lifting weights on a pulley type machine when the cable snapped throwing him backwards to the floor and fracturing his shoulder. He underwent extensive surgery and the doctor told him that he would never again have full mobility of his arm and would have to live with the pain. Investigation revealed that this cable had snapped on an earlier occasion and had been improperly reconnected by the owner of the gym – a gentleman who had no mechanical experience whatsoever. Frank had lost a lot of time from work and wanted to be compensated for this as well as for his ongoing pain and suffering. I asked to see the contract that he had signed with the gym when joining. Sure enough, half way down the back page in very small print, it clearly stated that he had to give up his rights to belong to this gym. The sentence stated that Frank agreed to hold the gym, its owners and its employees, harmless for any of their negligent conduct. Frank responded, “I didn’t really read the fine print and never really understood it. Besides, that’s not right. Can’t you find a loophole?” Is there a loophole? Unfortunately, the contract was valid. Frank indeed gave up his legal rights. To add further insult to his serious injury, the next sentence of that same contract stated that he, however, would be responsible for any injuries he caused to any guests or employees because of his conduct. Don’t easily give up your rights – you may need them later. Peter J. Hart, Esquire |
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Karp and Hart is a law firm that limits its practice to personal injury and medical malpractice cases. We serve our clients in Philadelphia area locations including West Chester, King of Prussia, Honey Brook, Coatesville, Thorndale, Downingtown, Lionville, Exton, Frazer, Malvern, Paoli, Phoenixville, Devon, Berwyn, West Goshen, Chadds Ford, Kennett Square, Avondale, West Grove, Oxford, Parkesburg, Chester Springs, Coventry and the Main Line. We take most injury and malpractice cases and have worked to serve victims of car accidents, medical malpractice, surgical errors, motorcycle accidents, and more.
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I thought that when you joined a gym yo automatically gave up your rights to make a claim if you are hurt? Check out the fine print on the back of the contract. Thanks Paul
This article was very thought provoking. I sometimes sign paperwork without reading all the fine print. I will be more focused on what I am signing in the future. Thanks for the article and I enjoyed your website.