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I purchased some spinning audio classes, over the web, from a company that claimed to be very well known. They promise immediate losing weight results if we follow their system and would give our money back if such results were not achieved. So I downloaded their spinning class to my ipod and while I was doing the class, I got injured on my back. I don’t know if that makes a difference but I found out that the “instructor” was not even a certified instructor which they did not mention on their Website. Would I have any chance to get me medical bills covered by them?
Asked on April 29, 2009 under Personal Injury, California
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Getting injured while exercising is nothing unusual -- that's why there are so many sports medicine clinics. People even get injured at exercise studios, under supervision of very qualified instructors -- all the time.
The liability of a publisher of an exercise tape to the buyers is very limited. It seems to me (and I did not research the law on this recently) the publisher would almost have had to be reckless or intentionally acting to cause injury to bear liability.
Further, most tapes come with all sorts of disclaimers and instructions that could limit liability.
The injury would have had to be very severe and possibly dibilitating and permanent for the damages to be sufficient to make it worthwhile for a serious lawyer to look at this as a possibly viable case.
And the publisher would have to have deep enough pockets to make it worthwhile to sue.
In short, this sounds frivilous to me, but you could contact a personal injury lawyer and ask -- who knows I am constantly amazed at some lawsuits that are filed. This would be one of them.
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