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  1. #1
    Join Date
    Mar 2013
    Posts
    3

    Default Tore Knee with Personal Trainer

    My question involves an injury that occurred in the state of: MASSACHUSETTS

    Hired Personal Trainer for my daughter. Told trainer that she had ACL surgery in High School so no Hi Impact. Trainer wanted her to do box jumps. Daughter told her Dr. told her she should not do those or anything high impact.. Trainer said yes she could, no pain, no gain, it will build strength, etc. She went ahead and did them. Tore her knee miniscus and had to have surgery to have it removed. Now between surgery, and rehab she is having to pay over 3k in bills, cannot do pool aerobics and low impact aerobics which she did weekly anymore, and has had to give up scuba diving which was a passion.

    We never had a contract with this trainer. She was basically a trainer from a local franchise gym that we hired to come to our home for $500 for 10 sessions. Paid cash, no receipts.

    The trainer has not responded to our requests for insurance information. I checked on Personal Training Liability and it is only about $100-120 a year.


    Thank You

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Tore Knee with Personal Trainer

    Your daughter was damaged before she engaged the trainer. she should have drawn limits with her training.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Tore Knee with Personal Trainer

    Is your daughter a minor?

    Why would she believe that a personal trainer with no medical training and who had never examined her knee would know more about her limitations, and the consequences of ignoring medical restrictions, than her doctor?

  4. #4
    Join Date
    Mar 2013
    Posts
    3

    Default Re: Tore Knee with Personal Trainer

    She know she should have listened to the Dr. Trainer stated she had lots of clients who have had ACL surgeries and just like a pro athlete, you work around them and build strength to compensate.

    She was stupid. But the trainer was good what can I say. I think my girl would have done anything the trainer recommended. We have pretty much accepted the fact that we would lose in court and have paid off the bills. We only expect to be re-imbursed for payments made that we have not received services nor will for.

  5. #5
    Join Date
    Mar 2013
    Posts
    16,954

    Default Re: Tore Knee with Personal Trainer

    Sorry, but the trainer won't give you the time of day unless you sue him.

    And I don't believe that he is completely off the hook here.

    Generally, in negligence law, having a prior condition is not a critical issue if the person's negligence exacerbates that condition.

    There may be a certain assumption of risk and perhaps some comparative negligence on the part of your daughter but he's the professional and she's not. He'd have a much higher duty to be cautious once he has learned about the previous condition.

    I suggest you and your daughter talk to a personal injury attorney ASAP.

  6. #6
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Tore Knee with Personal Trainer

    Quote Quoting Mr. Knowitall
    View Post
    Is your daughter a minor?
    Again, is she a minor? If so, did you or she sign a release? If not, did she sign a release? if a release was signed, what does it say?
    Quote Quoting mustrelax
    View Post
    She know she should have listened to the Dr. Trainer stated she had lots of clients who have had ACL surgeries and just like a pro athlete, you work around them and build strength to compensate.
    Is the subtext here that your daughter is a serious athlete who, following an injury that her doctor said (or effectively said) ended her participation in her sport(s) of choice, was trying to get back to a level where she could again compete or participate in her sport(s)? It's okay if that's what she was thinking - sometimes doctors are excessively cautious, but... sometimes they're not.
    Quote Quoting mustrelax
    We only expect to be re-imbursed for payments made that we have not received services nor will for.
    Any injury claim would have to be pursued by your daughter - although if she's a minor that would normally be done through the assistance of a parent as "next friend".

    In relation to your effort to get a refund, do you have a contract that indicated whether and when refunds would be permitted? If this was simply oral, "Here's $500 for ten sessions", with no further caveats or understandings, then the normal consequence of the early end of services would be that the unearned portion should be returned.

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