Zoom is an app that many businesses and people use to communicate via video all around the globe. It's been used to great effect for employees that telecommute and for services like telehealth. What about when it's used by personal trainers to offer their services to clients? What are some of the liabilities that can come from participating in a training session with your personal trainer and you get hurt? Can you take them to court for causing your injury when the session was done through something like Zoom? Let's start by looking at negligence and then what your next steps should be if you're in this situation.
People who are responsible for the well being of others while in their care can be sued for injuries that result from negligence. It's very important to note that not all injury is caused by negligence, sometimes it really is just an accident. Here are some criteria that are looked at when determining neglect.
- Damages- This is pretty simple. You have to show that you suffered from an injury, have expenses from it, and the personal trainer breached their duty to care for you.
- Duty- This is where you have to show that your personal trainer had a duty to care for your well being. This often comes in the form of a contract that you fill out. A lot of these contracts have language that explains how the trainer is responsible for your safety.
- Cause- You have to show that your personal trainer caused your injury from negligence. An example would be if your trainer knows that you're new to a particular weighted exercise and they start you off with something way too heavy and you get hurt.
- Breach- This means that your personal trainer failed in their duty to care for you. They did something reckless, like having you lift a weight that's meant for an elite lifting and not a novice, and you got injured.
Your next steps
When an injury happens over Zoom it could change a few things regarding negligence. This is why your next steps should be to speak to an attorney as soon as your injury happens. If you're in the New York area and want to look into seeking damages, then contact Smiley & Smiley LLP Attorneys at Law here.