Weight room injury leads to lawsuit
November 22, 2009 by Taylor HanniganPosted in: From the Courts, In this week's e-newsletter, Latest News & Views
A student says his school should pay for the injury he sustained when 140 pounds of weight plates fell on his hand. Why the court says he might be right.
Michael Beglin, a student at Hartwick College, was working out with a friend at the school’s fitness center when the weight plates on a machine became jammed. While Beglin was trying to fix the machine, the weight plates became dislodged and fell onto his hand.
When Beglin sued, the school produced testimony from the center’s supervisor and athletic trainer. Both denied knowledge of any prior problems with the machine.
But when the school tried to have the case thrown out, it failed. Why? Because Beglin produced a witness – the fitness center custodian – who said the plates on the machine could jam easily. Even worse for the school: The custodian also said jamming was a recurring problem on the machine involved and that he’d told the trainer about it.
That meant the case had to be decided by a fact finder.
Cite: Beglin v. Hartwick College.
Should this case have been dismissed? Please share your views in the comments section below.
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November 25th, 2009 at 5:49 pm
Nope. Don’t dismiss it.
Two factors still need to be determined:
1) If the machine was known to be dangerous, what steps did the University take to address it? Preventative Maintencance? Signage?
2) The Custodian’s legitimacy. What if the custodian said that out of spite or as retribution for something that we do not know about?
I bet that Hartwick ultimately wins – most rec centers would have signage and most pieces of equipment have signage that say patrons should not touch the machinery and try to fix things themselves. If the student was fiddling with the equipment he took on the responsibilty for any ensuing injury and a common view would be that he knowlingly was taking that chance that injury might incur.
May 21st, 2010 at 8:41 pm
If you were studying for a state exam on this, where would you study?
May 29th, 2010 at 3:00 pm
Never explain your problems to everyone…20% will not care and the other 80% are glad you have them.