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abheer madhok   28 August 2024

What legal action can we take on a gym/fitness centre on breakage of their machinery causing injury?

I recently faced this incident where a heavy (45kg) dumbell broke while i was using that dumbell, luckily i did not have any major injury, the intensity of such an accident could have been fatal.

The gym management rather than apologising for this incident, started threatening me and asking me to pay for the broken dumbell.

First, the management sent their executive to ask for money, 

Second, they started calling me multiple times, 

Third, they sent me a warning email mentioning their membership clause with my signature on it stating- 1. members shall be held liable for any damage to equipment or property caused by any act of negligence by him. 2. the management shall have absolute discretion and restricted power to terminate cancel and expel the membership of any person for any sufficient reason without refund or any prior notice.

What legal action can we take on a Gym/Fitness Centre on such a case?

(Note:- This is one of the most premium/expensive gym in New Delhi)



Learning

 3 Replies

Shashi Dhara   28 August 2024

Issue notice and approach consumer court.
1 Like

P. Venu (Advocate)     28 August 2024

First of all issue a legal notice highlighting the deficiency of service and approach the Consumer Court, if necessary.

1 Like

T. Kalaiselvan, Advocate (Advocate)     28 August 2024

This is a serious issue for using the worn out or damaged or old tools in the gymnasium.

Besides keeping the worn out tools they are threatening you, hence you can first lodge a criminal complaint against the owner of the gym for this act of negligence whcih may cause severe injuries including death to the users and the owner is threatening or intimidating etc.

Next you issue a legal notice claiming damages for keeping the old tools which caused severe injuies to you and after that you can drag them to consumer forum for deficiency in service. 

1 Like

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