The gym is a place that many go as a place to try and work off some pounds or work out the stress. In any case it is usually somewhere that you are at least a little self-conscious, because even if you are one of the best exercisers out there, there is always someone that is a little more fit.
Unfortunately for Boris Nikolaevsky of Hatboro in Montgomery County, his visit to LA Fitness was allegedly made more humiliating when he was locked into the locker room with the lights turned out. That allegedly caused him to slip and fall in a puddle of water, as well as set off the alarm when he left the building, according to The Pennsylvania Record.
Nikolaevsky is now suing LA Fitness. Will his lawsuit be successful?
In general, this type of case turns on the actions of the owner or possessor of the property. It is referred to as a "slip and fall case" or "premises liability."
To establish liability, a victim must show that the owner or possessor of the building either created a dangerous condition on the property, or knew of a dangerous condition and failed to fix it. A victim can also prove the condition was there for so long that the property owner should have known about it.
In this case, it could be difficult to show that LA fitness knew about the water on the floor that Nikolaevsky slipped in. He would have to prove that an employee had seen the puddle and ignored it, or show that it was an employee who spilled the water.
However, Nikolaevsky will likely not have a hard time showing that locking him inside the locker room with the lights turned off contributed to him slipping on the floor. The lights being off is arguably a condition caused by the building's possessor.
So next time you're in the locker room at the gym, you may want to sing in the shower to let them know you're still in there.
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