Harrassing Personal Trainer

Hey guys, I need some perspective on this.

For the record I've never used nor inquired about personal training ever. There is a PT at my gym, a dude, who is extremely obnoxious and loud, yelling throughout the whole gym when he's upset, etc. Generally extremely annoying, but whatever, ignore, workout, crank up headphones if you can.

But, on April 18 when I went to workout after work, he came over to the common space I and two other ladies were using and threw a huge fit, yelling at everyone within earshot "Who's weights  are these!" and "All you guys are in the way!" No one  was taking up anymore than a one-body sized type of space. I was on a mat doing abs, so less than a body, and next to the equipment stacked next to the wall. Literally, with no space to move at all. After yelling at and moving the ladies behind me, he stood over me while I was doing abs and stared at me for several seconds (creepy), then said quite gruffly "what are you doing, stretching?" Idiot. "Abs," I said. He then tried to make me move. I replied that I couldn't, as I was already with barely enough space to workout, but that I would be done within 10 minutes.

He got all upset, became even louder, and made a huge show of finding a new space to bring his client (he had way more than enough where we were, but I was just as happy to not have him around). I, however, finished my abs workout but no longer felt comfortable finishing my workout. Having some dude stand over you like that is a bit traumatizing for me. I went home and couldn't make myself return later, after hours, to finish.

He leaves me alone for awhile, though his anger management issues are constantly on display for all gym goers to see and  hear.

Fast forward to Monday July 4. I get to the gym around 11 and start warming up with my weights and step. I start a warm-up round of box jumps, and he rushes right in front of me (I am pretty close to the mirrors again, though this time with enough space in between to jump up and over the step as I plan to do later) and starts yelling and throwing some yoga balls against the mirrors "putting them back." He startles me mid-jump, causing me to look away from the mirror where I am watching my feet to make sure I don't miss the step, and before I can yank my focus back, I fall off the step landing on and breaking my wrist. I spend the entire day in the ER getting a cast, and am out of work for a month with no pay because I can no longer perform my work.
Now, I know that accidents can happen in a gym; been going daily for 8 years now as an adult, and went with my parents as a kid. I also grew up as a dancer, pointe and tap and everything, and sports player, so risk is not new to me. However, I am also safe and careful - this is my first broken bone ever, and aside from a twisted ankle twice while in college, my first injury. So, I think it's fair to say that I am not prone to injury on my own.

I spoke to the owner of the gym again, telling him that this man is a danger to gym-goers' safety after what he caused in me. I know I can't be his only "victim" because he does not bother me enough on the scale these types of people need, so I am sure there must be others. They are just too scared to say anything. The owner goes right away and says something, though I am not sure what. I continue to workout daily since I am allowed cardio (and squats and abs, and anything else I dream up to keep in semi-shape) and have all kinds of time since I am not working.

Yesterday, this dude walks by me at this end of his session with his client and makes a snide comment referring back to the first time he harrassed me about space. When I mentioned it to the owner he asked what I wanted him to do, said he didn't want to have to follow him around when we are both in the gym at the same time so maybe it was time that I find a new gym. Thoughts, awesome CC community?

Am I wrong to think that I should not be punished out of my gym because of this dude's actions? I mean, he is the harrasser. It is the only decent gym on my way home from work and is open 24 hours! Which is huge to find in the state I am in (lots of fat people apparently allergic to exercise). Any help is appreciate; I am crushed. Thanks so much!

(Yes, i am a weirdo who actually LIKES, no loves, the gym. I find it fun, like a playground and thoroughly enjoy my workouts).

What they don't tell you about the McDonald's case, is that the woman that sued, was in her car.  Not only did she spill the coffee, but the Styrofoam cup became unstable with coffee at that temperature in it.  The cup bent when she took hold of it and it spilled all over her lap.  She received THIRD degree burns to her thighs and crotch.  Imagine that pain for a moment.  Think about how much you are required to sit on your butt.  She had third degree burns there.  THAT'S why she was awarded the money.  The extreme negligence of a company who KNEW that the liquid they were putting in the cup was too hot for the cup to remain stable. 

Back to topic, a free consultation doesn't cost you anything but time.  The best thing about lawyers is that there are a LOT of us out there.  This means you can shop around until you find the perfect fit.  Also, sometimes the big firm is NOT the best fit.  I work for a firm with only two attorneys and one paralegal.  I actually care about my clients.  Don't count out the little guys!

Original Post by cnichols2000:

Spirochete, one could also argue that the gym owner had a duty to provide a reasonably safe space in which to exercise, and by allowing the trainer's behavior to continue, the owner was negligent.

It's like the McDonald's coffee incident: McDonald's had a documented history of burns caused by the coffee, (I believe) a written policy to keep the coffee well above normal temperature, and a steadfast refusal to do anything about it. Sure, we can't expect them to take care of every last spill, but I don't think that it's too much to ask that their product not cause third degree burns in 2-7 seconds.

Same thing with the gym. I don't expect a gym to make me look like David Hasslehoff, but I do expect that there won't be any hazards present.

 If you were able to sue the gym everytime a giant a-hole interrupted you, gyms would go out of business immediately. I have been pushed, interrupted, scoffed at and left to lug 100s of pounds of plates off of bars in order to use them. Annoying? absolutely, without a doubt. I get furious.

When I run out on the forest path I get almost swiped by stupid cyclists all the time. I have to move way over to the side of the path and I almost trip all the time. Suing the cyclists (however appealing that is) because I fell is ridiculous.

As far as McDonald's-coffee is hot. What are you going to tell me next, the sky is blue? I'm with ABC on this one.

Liebeck v. McDonald's Restaurants,[1] also known as the McDonald's coffee case and the hot coffee lawsuit, is a 1994 product liability lawsuit that became a flashpoint in the debate in the U.S. over tort reform after a jury awarded $2.86 million to a woman who was heavily burned by hot coffee purchased from fast food restaurant McDonald's. The trial judge reduced the total award to $640,000, and the parties settled for a confidential amount before an appeal was decided. The case was noted by some as an example of frivolous litigation;[2] ABC News called the case "the poster child of excessive lawsuits,"[3] while others stated that the claim was "a meaningful and worthy lawsuit."[4]

Original Post by spirochete:

Original Post by cnichols2000:

Spirochete, one could also argue that the gym owner had a duty to provide a reasonably safe space in which to exercise, and by allowing the trainer's behavior to continue, the owner was negligent.

It's like the McDonald's coffee incident: McDonald's had a documented history of burns caused by the coffee, (I believe) a written policy to keep the coffee well above normal temperature, and a steadfast refusal to do anything about it. Sure, we can't expect them to take care of every last spill, but I don't think that it's too much to ask that their product not cause third degree burns in 2-7 seconds.

Same thing with the gym. I don't expect a gym to make me look like David Hasslehoff, but I do expect that there won't be any hazards present.

 If you were able to sue the gym everytime a giant a-hole interrupted you, gyms would go out of business immediately. I have been pushed, interrupted, scoffed at and left to lug 100s of pounds of plates off of bars in order to use them. Annoying? absolutely, without a doubt. I get furious.

When I run out on the forest path I get almost swiped by stupid cyclists all the time. I have to move way over to the side of the path and I almost trip all the time. Suing the cyclists (however appealing that is) because I fell is ridiculous.

As far as McDonald's-coffee is hot. What are you going to tell me next, the sky is blue? I'm with ABC on this one.

Liebeck v. McDonald's Restaurants,[1] also known as the McDonald's coffee case and the hot coffee lawsuit, is a 1994 product liability lawsuit that became a flashpoint in the debate in the U.S. over tort reform after a jury awarded $2.86 million to a woman who was heavily burned by hot coffee purchased from fast food restaurant McDonald's. The trial judge reduced the total award to $640,000, and the parties settled for a confidential amount before an appeal was decided. The case was noted by some as an example of frivolous litigation;[2] ABC News called the case "the poster child of excessive lawsuits,"[3] while others stated that the claim was "a meaningful and worthy lawsuit."[4]

 McDonalds thing aside - it wasn't another patron that caused her to fall and break her ankle.

It was an employee. I would argue that changes things a bit. The gym has to create a safe environment. Accidents happen, but if they're allowing that employee to act the way she described, they don't have a remotely safe environment.

Original Post by spirochete:

 If you were able to sue the gym everytime a giant a-hole interrupted you, gyms would go out of business immediately. I have been pushed, interrupted, scoffed at and left to lug 100s of pounds of plates off of bars in order to use them. Annoying? absolutely, without a doubt. I get furious.

This doesn't address my point. I'm suggesting that the gym owner was arguably negligent in allowing an employee's behavior to cause a hazardous situation. Why is this particular argument incorrect?

In your example, the only thing I can see problematic is actual physical contact. The other things are annoyances. Meatheads' leaving plates on the bar isn't a hazard (assuming the bar is properly racked or contained).

Original Post by janelovesjam:

Manager and trainer are clearly 100% wrong, and I'm not a lawyer (thank god) but it sounds like you could sue. But is it worth the stress and cost? If it were me, I'd find somewhere else to go. 

edit: but yeah, def get a refund. 

If you do talk to a lawyer, you could settle for medical costs, lost wages, legal fees, and a refund on the gym membership. That would not be outrageous, but it would compensate you for actual financial expenses. I doubt you would get that far without involving a lawyer, though, from how the owner is acting. They do need some accountability for the behavior of their employees/contractors.

I think her problem is that other than this guy she really likes the gym as it's in the right location for her and has the right equipment and the price is right.  Unfortunately for her, the owner does not have to allow her to keep her membership unless the complaint falls under a protected legal class.

One could even argue the point that she stayed knowing that this clown was around and if she does box jumps frequently enough then she would know that they're a bit tricky and potentially hazardous and to do them with this guy in her vicinity probably wasn't a good idea on her part since she has a history with him.

Also realize that she has a personal history where louder men cutting off her exit paths is not a good thing...this guy probably falls somewhere in between the loud mouthed bully that she's describing and a loud guy that just wants to be friendly and can't understand why she doesn't like him.  She sees the guy as the worst possible light and the owner of the gym sees him in the best possible light...

Original Post by cnichols2000:

Original Post by spirochete:

 If you were able to sue the gym everytime a giant a-hole interrupted you, gyms would go out of business immediately. I have been pushed, interrupted, scoffed at and left to lug 100s of pounds of plates off of bars in order to use them. Annoying? absolutely, without a doubt. I get furious.

This doesn't address my point. I'm suggesting that the gym owner was arguably negligent in allowing an employee's behavior to cause a hazardous situation. Why is this particular argument incorrect?

In your example, the only thing I can see problematic is actual physical contact. The other things are annoyances. Meatheads' leaving plates on the bar isn't a hazard (assuming the bar is properly racked or contained).

 Yes, the plates are a hazard. I could much more easily hurt myself moving plates than I could by having someone give me a menacing look. The gym allowed members to leave them, and I threw my back out moving them.

It's totally unfortunate she was hurt so badly. Don't get me wrong, I feel for the poor woman. That totally sucks.

I am still wondering how this employee caused her to get hurt other than startling her and annoying her. If I got hurt everytime somone startled me, annoyed me or caused  me move I'd be suing every Wal-Mart, Target and grocery store chain in Illinois.

Original Post by spirochete:

Original Post by cnichols2000:

Original Post by spirochete:

 If you were able to sue the gym everytime a giant a-hole interrupted you, gyms would go out of business immediately. I have been pushed, interrupted, scoffed at and left to lug 100s of pounds of plates off of bars in order to use them. Annoying? absolutely, without a doubt. I get furious.

This doesn't address my point. I'm suggesting that the gym owner was arguably negligent in allowing an employee's behavior to cause a hazardous situation. Why is this particular argument incorrect?

In your example, the only thing I can see problematic is actual physical contact. The other things are annoyances. Meatheads' leaving plates on the bar isn't a hazard (assuming the bar is properly racked or contained).

 Yes, the plates are a hazard. I could much more easily hurt myself moving plates than I could by having someone give me a menacing look. The gym allowed members to leave them, and I threw my back out moving them.

It's totally unfortunate she was hurt so badly. Don't get me wrong, I feel for the poor woman. That totally sucks.

I am still wondering how this employee caused her to get hurt other than startling her and annoying her. If I got hurt everytime somone startled me, annoyed me or caused  me move I'd be suing every Wal-Mart, Target and grocery store chain in Illinois.

 That was kinda my point too.  I am personally a very easily startled person, so it wouldn't actually take any menacing or outrageous behavior on anyone's part to scare me.  Plus, I get really into my work out and distractions are just that much more alarming when I'm in the zone.  How much can she really hold him responsible for startling her?

I'm more just curious if someone could really be held legally responsible for that.

Original Post by spirochete:

Original Post by cnichols2000:

Spirochete, one could also argue that the gym owner had a duty to provide a reasonably safe space in which to exercise, and by allowing the trainer's behavior to continue, the owner was negligent.

It's like the McDonald's coffee incident: McDonald's had a documented history of burns caused by the coffee, (I believe) a written policy to keep the coffee well above normal temperature, and a steadfast refusal to do anything about it. Sure, we can't expect them to take care of every last spill, but I don't think that it's too much to ask that their product not cause third degree burns in 2-7 seconds.

Same thing with the gym. I don't expect a gym to make me look like David Hasslehoff, but I do expect that there won't be any hazards present.

 If you were able to sue the gym everytime a giant a-hole interrupted you, gyms would go out of business immediately. I have been pushed, interrupted, scoffed at and left to lug 100s of pounds of plates off of bars in order to use them. Annoying? absolutely, without a doubt. I get furious.

This is what I was trying to say!

Original Post by lostintennessee:

 That was kinda my point too.  I am personally a very easily startled person, so it wouldn't actually take any menacing or outrageous behavior on anyone's part to scare me.  Plus, I get really into my work out and distractions are just that much more alarming when I'm in the zone.  How much can she really hold him responsible for startling her?

I'm more just curious if someone could really be held legally responsible for that.

 If they are, someone get me the number of a lawyer RIGHT NOW. In fact, I'm on my way to Wal-mart where I will surely be annoyed and startled by their employees. I'm also a klutz (not saying the OP is) so there is a really good chance I'll trip.

$$$$$$$ for spirochete!

Original Post by spirochete:

 If they are, someone get me the number of a lawyer RIGHT NOW. In fact, I'm on my way to Wal-mart where I will surely be annoyed and startled by their employees. I'm also a klutz (not saying the OP is) so there is a really good chance I'll trip.

$$$$$$$ for spirochete!

It's the American Way, dammit!

Don't know Spiro. The OP describes it as 'Rushing in front of her' while she was doing boy jumps at the gym.

Yes, it sounds victimy - you and me would have probably told the dickhead to eff off right after the first incident. But she was obviously scared.

To me this is a bit like bumping into someone who does heavy chest presses. It's a gym, you can injure people if you're not courteous - and he has.

I'd talk to a lawyer and try to get fees and lost wage back.

And to the OP: It's not a decent gym if someone is allowed to harrass you. Try and find a different one and give this one a bad rep where it's appropriate.

Original Post by muttlover:

I agree that you should talk to a lawyer. Find a lawyer that will give you a free 15/30 min consultation. The lawyer will then tell you if they think you have a good case or not.

As for the gym, do you know if the personal trainer has a set schedule? Ask the owner if he/she knows when that guy comes in. Then don't go in during those hours, or be prepared to stand your ground.

I'm sorry, that really sucks! All the PT's at my gym are super polite and friendly.

 It doesn't need to be a lawsuit. You can file a claim with a business's insurance company for damages sustained on their premises, and have a good shot at reimbursement for at least part of it.

Same idea as if you were bitten by someone's dog on their property.

I forgot you can file a claim rather than a lawsuit.  It's also a good idea to put the membership on hold or even to ask for a refund for the period where she is medically unable to use it.  Then the insurance adjuster will make an evaluation and perhaps a settlement offer depending on what they feel the situation warrants.  The only drawback here is that again she has to find a new gym, but given that the owner isn't reining in that particular staff member she probably wants a new gym anyway.

Original Post by raychelc:

 It doesn't need to be a lawsuit. You can file a claim with a business's insurance company for damages sustained on their premises, and have a good shot at reimbursement for at least part of it.

Same idea as if you were bitten by someone's dog on their property.

 

I said that way back! She should file against their insurance.

Original Post by kikt:

Don't know Spiro. The OP describes it as 'Rushing in front of her' while she was doing boy jumps at the gym.

Yes, it sounds victimy - you and me would have probably told the dickhead to eff off right after the first incident. But she was obviously scared.

To me this is a bit like bumping into someone who does heavy chest presses. It's a gym, you can injure people if you're not courteous - and he has.

I'd talk to a lawyer and try to get fees and lost wage back.

And to the OP: It's not a decent gym if someone is allowed to harrass you. Try and find a different one and give this one a bad rep where it's appropriate.

It's not like running into her because he didn't touch her. Her own words:

He startles me mid-jump, causing me to look away from the mirror where I am watching my feet to make sure I don't miss the step, and before I can yank my focus back, I fall off the step landing on and breaking my wrist.

The more I read the first post, the more irritated I get. Way back on April 18th he is a dick. THREE months later he moves in her line of view with exercise balls and now she's going to sue?

Come on. Are you guys really on board with this??

If she files a claim and this person has a history of similar incidents or does more in the future then it leaves a record.  Granted, most insurance companies have no interest in paying out on claims so it's unlikely that she'll get any compensation unless he's done similar things before.  It is highly likely that the insurance company will recommend the owner send him to a training or modify his behavior if they determine that there's a basis for the claim.

Original Post by raychelc:

Original Post by muttlover:

I agree that you should talk to a lawyer. Find a lawyer that will give you a free 15/30 min consultation. The lawyer will then tell you if they think you have a good case or not.

As for the gym, do you know if the personal trainer has a set schedule? Ask the owner if he/she knows when that guy comes in. Then don't go in during those hours, or be prepared to stand your ground.

I'm sorry, that really sucks! All the PT's at my gym are super polite and friendly.

 It doesn't need to be a lawsuit. You can file a claim with a business's insurance company for damages sustained on their premises, and have a good shot at reimbursement for at least part of it.

Same idea as if you were bitten by someone's dog on their property.

 

You can't always do this - it depends on your state law.  States are either "direct action" states, meaning an insurance company is directly liable to an injured person, or "non-direct action" states, meaning the insurance company is liable only to their own insured.  Here in Washington, you would have no choice but to make your claim/suit directly to the company and then it would be up to them whether to submit it to their insurer or not.

Personally, if the OP came into my office with this case, I probably wouldn't take it.  But then, personal injury isn't a big part of my practice; the guys who do nothing else might have a different take than I do.  Your problem is that PI attorneys like cases where liability is undisputed and the only question is the amount of damages.  Your case is the opposite; your damages can be established, but liability is in question.  Means you might have to go to a jury for a decision, and PI attorneys prefer to avoid going to trial.

Doesn't mean you shouldn't try, though.  Just bear in mind that suing the gym probably means you won't be going back there.

Original Post by confused10111111:

Fast forward to Monday July 4. I get to the gym around 11 and start warming up with my weights and step. I start a warm-up round of box jumps, and he rushes right in front of me (I am pretty close to the mirrors again, though this time with enough space in between to jump up and over the step as I plan to do later) and starts yelling and throwing some yoga balls against the mirrors "putting them back." He startles me mid-jump, causing me to look away from the mirror where I am watching my feet to make sure I don't miss the step, and before I can yank my focus back, I fall off the step landing on and breaking my wrist. I spend the entire day in the ER getting a cast, and am out of work for a month with no pay because I can no longer perform my work.

That's a little more, in my mind, than just getting a little too close to someone. I'd be startled too if I had to worry about getting hit by something while doing jumps.