Is the gym liable for the advice its employees give? (sorry a bit long)

[RockinD]

I signed up for a research project designed to get people who do not take regular exercise, which offered, among other things, use of a gym for three months without charge. I had an assessment and explained that I have a long term health condition that affects my muscles and joints, rendering me very inflexible.

The instructor recommended that I should go to a yoga class to help my flexibility. I went along and it turned out to be ashtanga yoga and far beyond my capability. In this class I injured my left knee and my right arm.

I had to wait two weeks before I thought it would be safe to start my gym programme. I have now been four times and my knee is now so painful and movement so restricted, that I am struggling with the stairs at home and cannot drive. I have seen a private physio who tells me that I have damaged my kneecap and realistically rehab may take up to six months.

I have tried to talk to the instructor who gave me the advice about the yoga class, I have e mailed him, I have e mailed the leader of the project and none of them have responded at all. The instructor just will not engage with me on this at all.

I'm not sure what to do now, but I feel that because of the instructor's lack of knowledge or understanding I am facing a miserable summer of not being able to do very much at all, which was not my plan when I signed up for the project. I'm wondering now whether I should ask to see the gym manager and pursue this and what might be the outcome.

D

There must have been a risk assessment for the class itself. Most classes forwarn people of the nature of the excercises and let the attendee decide whether they can participate or not based on their fitness.

Hmmmm. I think once you realized what the yoga class involved you should have left or just done hugely modified versions of the exercises. I don't really think you can hold them responsible, it was a suggestion not an edict.

In answer to your thread title a company is vicariously liable for the actions of their employees so yes.

I would imagine however that they would say that you shouldnt have carried on once you realised it was beyong your capabilities (which I imagine would have been fairly quickly). The defence of "volenti non fit injuria" (essentially you perceived the danger but did it anyway).

Also did he recommend ashtanga yoga or just yoga? Why did you go to ashtanga if he recommended normal yoga?

Did you not have to provide a medical note? I have mobility issues and when I filled out the medical assessment before being allowed to join my gym, because I had ticked yes to one of the questions I was told that my membership would not be activated until they had received a letter from my GP (and they have a copy on file). I assume this is to avoid situations like this.

I'm really sorry your problems have got worse, but I suspect part of the condition of membership will be that YOU are responsible for recognising your limitations. The advice may not have been good, but you did not have to take it.

I'm not sure about the legal responsibility, although I think it might in part depend on if the instructor is a freelance instructor who uses the gym as a venue, or an actual employee. If I were you I would get the physio to write a letter explaining how your situation has worsened as a result of the exercise you have done, and pass it on to the manager. They may not accept liability for anything (and like I say, I don't know the legal side of it, but I'd be amazed if they do) but it is surely important that they know that the advice their instructor gave was not sound. Either that or their medical assessment before signing up policy needs refreshing.

I think you have to take some responsibility for your injuries, doing the class and continuing to the point you were injured.
I have walked out of a class recently because i just coudnt do it with my injuries, i didnt continue, just got up and left.
You have to realise your limitations.

Without wanting to sound like my mother if he told you to go and do a bungee jump, would you have done it?

There was no risk assessment before the class. The teacher did not speak to anyone individually or ask if anyone was new. Would that be usual?

Also I did not have to produce a doctors' note before my membership was activated. Now I was surprised about that because I know other people who have had to do that because of high BP or whatever.

In fact, thinking about it, I have not signed anything and not seen any 'small print'. Would that be because I am there as part of a research project (which I thought would mean I would be better looked after)?

I was just recommended to register for the Saturday morning yoga class. I simply did what I could. At the time I thought that because a fitness instructor who had read my notes had recommended it, I should be able to do it and I really didn't want to look inadequate at my first attempt. That seems to have been my mistake.

Thanks for your responses.

D

What do you hope to achieve? You have injured your knee, it's a PITA but not really anyone's 'fault', it is just one of those things that happen to people. It's a bit poor that they are not willing to discuss it with you, but I'm not sure what you would want them to do.

My friend is a yoga instructor and would be horrified to read this. DH is also training to be a pt and would be likewise.

Sorry but yes they are liable. Firstly the instructor you spoke to gave you the wrong advice; if he/she was not qualified to advise given your specific health issue they should have sent you to your GP for advice.

Secondly the instructor who took the yoga class should have asked new participants for a medical history before hand and done likewise as above.

Of course you have a responsibility to look after your own health - however they have a responsibility to ensure that they are giving the correct advice, particularly when you are doubly looking to them as a source of expert advice through the research and the exercise - but as I have advised other people on here, anyone can technically set themselves up as a fitness professional. Please ensure anyone you work with is REPS registered and preferably YMCA qualified, this at least makes sure they have proper liability insurance.

TBH, saying go do yoga for flexibility is sloppy even if you didnt have health issues. And certainly not ashtanga for a non exerciser. Anyone is likely to do themselves an injury! Its vicious.

Oh and if its a reputable gym their freelancers will all carry their own liability insurance.

The person leading the gym class should have spoken to newcomers to find out about medical issues and been able to advise before and during class. They should also have liability insurance. Whether it's worth pursuing is another matter - maybe for a change of policy? In which case speak to management
I did my leg in recently after bad advice from my gp. I'm still quite cross about it. Sympathies

Did the instructor recommend that specific astanga class, or did just say yoga?

And in what terms did you brief the yoga instructor and seek modifications when you realised the problem?

From what you've said, it seems that the issue centres on the yoga, not the club's instructor. Is the yoga instructor an employee, or working free-lance?