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?

It’s not very easy to sue for this kind of thing and you risk exposing yourself to costs. I would look at the prospects of settling a claim and go from there. Also worth noting that what he did would would as assault.

I doubt a solicitor would want to offer a no-win-no-fee agreement to investigate. You could check your home insurance to see whether you have legal expenses and one of the insurers panel solicitors might look into it for you. But I think proving, on the balance of probabilities, that it was the actions of the yoga teacher which caused your injuries would be very difficult.

I think you should have pursued this at the time. It was months ago and you still haven’t actually sought medical attention - the instructor was totally out of order, I agree, but I just don’t see how you’d prove it?

If you didn't seek a medical diagnosis shortly after the incident you will be wasting your money. You may find a solicitor happy to take it, it being your money, but you won't win.

Did anyone witness it? It would be a hard sell that someone came up and randomly adjusted your neck without you reacting.

Does the instructor belong to a professional organisation? You could report what they're doing. It might at least stop the instructor doing it to other people.

I can’t believe you didn’t say anything at the time, not even a what the f are you doing.

So it happened months ago but you didnt say anything? And didnt actually get a medical record made of the incident? Yeah... you cant sue.

But you really should be pushing to ensure they are never allowed to teach at the gym again. So I would follow up on the complaint.

Thanks for the replies. No CCTV but witnesses. Two have said happy to help etc.

I should have reported at the time. I completely agree. That’s a lesson in standing up for myself I need to learn. I didn’t want to make a fuss or be accused of over reacting. This male instructor has quite a fan club and gym is incredibly bitchy anyway so I wimped out.

Had I known I would be getting the trapped nerves and migraines, and still be in pain months later, I would have done said something at the time. It’s not like a break where I knew the inconvenience would last for months.

Haven’t seen my GP yet as it’s impossible to get an appointment especially the last few weeks. Before then I was dismissing symptoms as one offs and too busy to argue with the receptionist. Another mistake.

Hind sight is wonderful but hopefully I can stop him hurting anyone else.

Thanks all

Op, you’ve not even seen a doctor and want to sue. You’re never going to win this. If you’d said something at the time, or had seen a doctor close to the event, had a history of medical care because of it. But haven’t seen a doctor about it for several months after, you’ve no chance at all of winning this.

I think it will be difficult to prove, however I still think you should put a complaint in writing to the club if for nothing else than to stop him doing it to anyone else.

Op I'd get yourself to a chiropractor asap .

Honestly op, in the last few months you could have done countless things that caused this.

The fact that someone saw them do this, doesnt mean its caused your issues.

I would pursue it, but expect a difficult fight or it to fail. Months and you havent even seen your gp?

And then you have to prove that the trapped nerve, migraines etc are definitely related.

I think it's outrageous that he did this for no good reason and caused you possible permanent harm. Hate the suing culture too but I think you need to try and recoup your costs,. Totally get why you didn't make a fuss at the time and you would have had no idea how long term the injury would be and I think a solicitor would understand that.
Glad you have some witnesses and hope something can be done to alleviate the pain you are in.

If you were lying on your back in mediation with your eyes closed, then it would be arguable that so was the rest of the class. That’s the issue with your witnesses.

You should have reported this at the time. I would think It’s going to be difficult to prove unless others join you to make a joint case that the instructor is known to do this.

I don't think you stand much chance of winning a case against him for all the reasons pp have already mentioned, but you absolutely must take this up with the gym and get him stopped. Don't let yourself be fobbed off, keep pursuing it. I'm horrified that a presumably unqualified person is randomly doing cervical spine adjustments on people without their consent. Since you were meditating at the time, he must have literally sneaked up on you while you weren't looking in order to do it. Where does he get off even touching people without asking?

You say he has a bit of a fan club. I'm guessing he's good-looking and the usual reaction when he singles a lucky lady out for some hands-on attention is simpering gratitude. I wouldn't even want to be a member of that gym if it's as you say, OP.

This is really strange. How could he have come up and just done that, without you stopping him?

Because she had her eyes shut? And was laying there trying to relax and it probably completely blindsided her?

Exactly @skybluee. @Dieu He came up from behind me when I was lying flat on the floor with my eyes closed, trying to relax. Music playing etc. End of class when I’ve never seen adjustments behind made so wasn’t expecting it. Grabbed my head and twisted before I could say anything. I should have said something at the time. I know that. But as I said before, he has a large, very bitchy fan club and I didn’t want to make a scene.

I didn’t see my GP at the time as i thought it would pass quickly abs didn’t want to waste his time. I couldn’t have predicted it would lead to further issues. Suing wasn’t a consideration so I didn’t think I’d need any kind of medical record. Completely accept that I probably don’t have a case. I wasn’t looking to make money, just to get my Chiro fees back but I can see that it’s unlikely.

I will definitely pursue with the gym and I’m annoyed at myself for not saying anything before now. Yesterday was the first time I have seen him since and seeing him adjusting people again made me so angry I finally did. Thanks again all for your input