A couple filed suit against Sears and Icon Health and Fitness, claiming that the man sustained exercise equipment injuries that aggravated a pre-existing cervical condition after he fell from a Nordic Track inversion bench in a store. According to the suit (filed outside of North Carolina) they filed, Peter and Christina Pantelidis were at Sears when Peter tested out the machine after Sears employees strapped him into it.
Suddenly and without warning, the machine’s ankle clamp mechanism released, which caused Peter to fall to the floor. Peter claims that the fall caused severe straining and spraining of his shoulder, caused an abrasion to form on the top of his head, and resulted in a concussion. He also claims to have suffered generalized trauma and injury, a cervical disc herniation, a cervical facet arthropathy, occipital neuralgia causing chronic headaches, neck pain, anxiety and depression and an interruption of sleep.
The suit also claims that the accident caused Peter to experience great pain, suffering, inconvenience, embarrassment, and humiliation, lost earnings, lost earning capacity, impairment, and loss of enjoyment of life as well as to incur substantial medical expenses. His wife claims medical costs and loss of services, assistance, and companionship.
The suit claims negligence on the part of the defendants for permitting a dangerous, unsafe, and hazardous condition to exist on the machine, failure to properly inspect the bench, failure to remedy the hazardous condition, failure to remove the defective bench from public sale, failure to block access to the defective bench, failure to warn, and failure to place appropriate warnings around the bench.
The suit also claims negligence against the companies for failure to properly train employees to remove the defective bench, failure to properly test the bench, marketing and sale of the bench as a safe exercise machine despite the fact that they should have known the ankle clamps release unexpectedly, failure to design and market the bench in a safe manner, and design and sale of an unsafe product.
The Pantelidises seek unspecified damages from the four-count suit.
Sears has asked that the suit be moved to federal court due to the amount in controversy being greater than $75,000 and the parties being residents of different states.
There are no good or bad exercise machines. Although recalls are issued for some, every piece of equipment comes with some risk of injury. Workout risks may occur without equipment, but when safety features do not work properly or equipment is manufactured without adequate warnings, parties may be held accountable for innocent persons who suffer as a result.
Home gym equipment can cause injuries, or you may suffer an injury working out at a gym. Regardless of where your injury takes place, if you were operating the machine appropriately and the machine failed - another party may be responsible. If you exercise at a gym, the facility may not have properly assembled, maintained, or repaired equipment--or their staff may not have shown you the correct way to operate machinery.
Fitness equipment injuries, as in the case above, can cause pain and impairment. The medical costs during recovery and pain management, and lost wages for missing work or not being able to return to work, should not be the burden of an innocent person. Our personal injury lawyers in Raleigh help innocent people who were hurt due to no fault of their own. Learn how to move forward with an injury claim by contacting our lawyers for a free consultation.
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