To sue my gym?

[Newname1239]

A few months ago a yoga instructor at my gym ‘adjusted’ my neck at the end of the class. I was lying flat on my back facing away from them with eyes closed in meditation. They grabbed my head with both hands and twisted quickly 90 degrees to the right then left. Neck cracked audibly to the right but not left.

At no point during the class did they ask if I had any injuries or neck issues or if I have consent to be adjusted/touched. They didn’t give me time between grabbing my head and twisting for me to say no.

I didn’t say anything at the time even though I was left with a sore neck. Didn’t want to make a fuss or get anyone in trouble. Assumed neck would be fine in a few days etc.

Since then I’ve had pretty much constant neck pain, two episodes of trapped nerves and started getting migraines. All bloody painful and resulting in painkillers, missing work, hobbies etc.

This instructor only covers lessons occasionally so didn’t see them again until today where there where again adjusting members without asking about injuries etc but to a much lesser extent than they did to my neck. I was pissed, worried they would hurt someone else and annoyed at myself for not saying anything sooner.

I’ve reported them to the club but without admitting liability I assume they will only offer an apology. AIBU to speak to a solicitor to try to get back some of my costs? Chiropractor fees, loss of earnings, unused gym membership etc? I hate the ambulance chasing culture but I’m ££££ out of pocket and worried I might have long term neck issues as a result. Waiting to see GP as soon as they reopen after Corona shutdown.

So AIBU to sue for these cost?

Yanbu

YANBU they shouldn't be doing that, are they even qualified to teach, are they registered?

YANBU but have you actually said anything to them?

good luck, what's to prove it was that instructor and not something else if you didn't speak up at the time?

Where there is blame there's a claim.
How long ago did it happen? Are there any witnesses? CCTV is recorded over often, I'm not sure if a solicitor will take it on without an accident report or evidence, unless the instructor admits liability.

I see it was a few months ago, it will be hard to prove.

I think you would have to sue the yoga teacher rather than the gym. They should have liability insurance.

It sounds like you are describing some kind of osteopathy adjustment. I definitelycwouldnt expect that or be happy with that. Are they qualified for it. Fid you sign anything about medical conditions ar giving permission? I defonitioy wouldnt think this is acceptable. Depending on the outcome of the GP appointment I would consider speaking to a solicitor about it.

Is the instructor an employee or do they just rent the room?

I think you’d have to sue the individual instructor rather than the gym, they’re usually self employed. However, surely suing is an absolute last resort. You didn’t bring it up at the time, didn’t bring it up the next day when it continued to hurt, when you had to phone in sick to work, when you didn’t want to go back to the gym or when you had to see the chiropractor. It’s a bit bonkers to then go in at the deep end a few months later and sue them.

I totally agree with you that it was a stupid thing for the instructor to do. But you’ve given them no chance to explain their actions or apologise or even offer to cover your costs. To then sue several months later having made absolutely no complaint at any point is really cowardly.

I have never sued in my life, but I do see it as a good way of enforcing health and safety. My dd is a dancer and sees too many unqualified instructors damaging their students.

Im so sorry OP. This is wrong and dangerous.
Im an osteopath - what you describe is cervical spine manipulation.
It took me 5 years at uni to do that sort of technique.
It should only be done if clinical indicated and if the blood flow to the brain has been tested. It should NOT be done on patients with certain medical conditions and certainly not be done without consent and thorough explanation of the risks and benefits. I'd be livid and pursuing a claim.

Have you reported the incident at any point? If not you might struggle.

If you don't want people messing about with your neck, the last thing you want to do is let a chiropractor fuck around with your neck.

Your issue would be proving that the initial injury has led to your ongoing problems.

Usually I find myself advising against pursuing PI claims because 9 times out of 10 people are looking for what three think will be a quick buck.

In your case, I would absolutely pursue one.

It says literally in the OP that she reported it.

I've done a yoga teacher training and it was stressed many many times that we must ask about injuries before class!! I don't teach as I am too scared to hurt anyone and don't feel qualified after a typical 1 month training. This teacher sounds brand new, and very irresponsible. Even if you don't win your case maybe you'll at least teach them a lesson and prevent hurting more people. You would be suing the teacher and not the gym, as they are usually freelancers with their own insurance. Nowadays it's pretty tough to get a yoga class if you're not a registered teacher without insurance.

As inappropriate as the postural correction was, you will stand little chance of a successful law suit as you didn't report the injury as soon as you found out about it. Sorry - obviously it was and remains painful, but injuries do have to be reported as soon as.

My bad @ohcaptain, not sure how I missed that!

OP have the club responded to the report?
If they apologise they're accepting fault.

Very difficult to prove and you said nothing at the time, clearly the instructor will defend the claim and say it’s bullshit. I’d say this is almost impossible to win, due to no complaint at the time, no proof that’s what caused it, and several months have passed. It could easily look like you’re just needing the money,

I ran a claim like this years ago as a solicitor

Failed.

That was when they didn't wait several months to go to the GP about it.

Nothing on your medical records until months later means they will say you can't have been that bothered about it.

Chiropractor (a pseudoscientific complementary and alternative medicine) doesn't really count as seeking medical advice.

It says literally in the OP that she reported it.

It is unclear when though and to also says she was annoyed at herself for not saying anything sooner. If she has only just said something, months after the event, it makes it more difficult.

I also think you will be lucky to get anything, as it’s your word against theirs. You should have reported it at the time. You could have got the injury from gardening, or had a fall elsewhere.

I’m curious about the line of waiting to see the gp. Have you seen the gp about your symptoms befor? Have any evidence the doctor thinks this is what caused your issues?

YANBU to take it further. It might be hard to prove that their action caused the injury though, but a solicitor can advise on this.