I went to the gym and got injured, the gym doesn t care, can I go to court?

This can be sued, and it will win, because the fault is the coach, who will guide the injured coach who will definitely be unqualified, and the unqualified coach gym is still recruiting people, isn't it harmful?

But I suggest you don't fight, because it's not worth it, unless your injury is very serious, otherwise it's better to value peace!

Yes, the coach's behavior at work is a professional act, and the responsibility should be borne by the unit. Gyms can be sued directly.

All the obligations and responsibilities of the business premises are responsible for the safety of all customers present, even if there is no coach to guide them, they will be responsible for accidents and actively treat them. If harm is caused by improper guidance, responsibility must be pursued. Members are not professional athletes, and members cannot be required to have any degree of professional quality, and members are paid fitness, and the gym has the responsibility to provide various guarantees for the safety of members.

If you can't solve this situation through negotiation, you can complain to the industrial and commercial department, and there is no need to sue so complicated, because you are a consumer, and the counterpart department whose rights and interests are damaged is the industry and commerce, and they will accept it, and the scope of functions of industry and commerce can handle this kind of thing.

It's hard to say, first of all, is he asking or suggesting, if the request causes you to be injured, you can file a civil lawsuit with the court, but in a for-profit personal organization like a gym, no one will deliberately ask you how to do it, but you yourself don't do what you can to cause personal injury, this is not necessary, after all, you know your body best, are you right?

It depends on what kind of wound you have.

Lose a little skin and bleed a little and fight a lawsuit?

It's a lot of work.

The yamen opens to the south, and there is no reason to come in without money.

1. How to sue a gym.

1. The way to sue the gym is as follows:

1) The parties may submit a complaint to the people's court;

2) The parties can also complain to the local department that accepts product quality problems;

3) Prepare a copy of the ID card of the prosecution party and a copy of the ID card of the other party.

2. Legal basis: Article 122 of the Civil Procedure Law of the People's Republic of China.

The following conditions must be met for a prosecution:

1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;

b) there is a clear defendant paragraph;

3) There are specific litigation claims, facts, and reasons;

4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

Article 123.

The indictment shall be submitted to the people's court in accordance with the number of defendants.

Where it is truly difficult to write a complaint, the complaint may be filed orally, and the people's court will record it in the record and inform the opposing party.

2. What materials are required for prosecution.

The materials required for prosecution are as follows:

1. One copy of the application for pre-litigation property preservation and one copy of the pre-litigation property preservation guarantee;

2. Materials of filial piety to prove the qualifications of the parties;

3. If the applicant is entrusted to apply on behalf of the applicant, the power of attorney of the applicant shall be submitted;

4. Materials proving the existence of a civil legal relationship between the applicant and the respondent, such as copies of contracts, documents proving claims and debts, marriage certificates, etc.;

5. The specific property clues and ownership certificates of the respondent that need to be sealed, and the list of secured properties and ownership certificates corresponding to the subject matter of the application for seizure.

Ways to Defend Your Rights in the Gym Exercising for Injuries:

1. If you violate the operating procedures.

Faulty operations, etc., are generally the responsibility of the company.

2. If it is a gym management problem, such as no safety warning, slippery floor, misoperation by management personnel, and failure to overhaul in time, there are potential safety hazards.

etc., this situation is generally the responsibility of the gym. You can file a claim for compensation with the management of the gym, if they can meet the compensation requirements, they can negotiate a solution, if they can't solve the problem, it is recommended to call 12315 to complain and resolve, if the problem cannot be solved, it is recommended to sue in court.

3. If it is a problem with the equipment itself, such as a design problem or a quality problem that causes injury, the party can either claim to the gym or the manufacturer.

Tort Law.

Article 41 If the product causes damage to others due to defective products, the manufacturer shall bear tort liability.

Article 42 If the product is defective due to the fault of the seller and causes damage to others, the seller shall bear tort liability.

If the seller cannot identify the manufacturer of the defective product or the supplier of the defective product, the seller shall bear tort liability.

Article 43: Where damage is caused by defects in the product, the infringed party may claim compensation from the producer of the product or from the seller of the product.

If the product defect is caused by the producer, the seller has the right to recover from the producer after compensation.

If the product is defective due to the fault of the seller, the producer has the right to recover from the seller after compensation.

Article 44 If the product is defective due to the fault of the transporter, warehouse or other third party, causing damage to others, the producer or seller of the product shall have the right to recover compensation from the third party after compensation.

Article 45: Where the safety of the person or property of others is endangered due to product defects, the infringed party has the right to request that the producer or seller bear tort liability such as removing obstructions and eliminating dangers.

Article 46 If a product is found to be defective after it is put into circulation, the producer or seller shall take remedial measures such as warning and recall in a timely manner. Where remedial measures are not taken in a timely manner or the remedial measures are ineffective and cause harm, tort liability shall be borne.

Article 47: Where a product is clearly produced or sold knowing that it is defective, causing death or serious harm to the health of others, the infringed party has the right to request corresponding punitive damages.

If you are injured due to the tortious act of another person while exercising in the gym, the tortfeasor shall be liable for compensation. If the injury is caused by the gym's failure to fulfill its reasonable safety and security obligations, the gym will be liable for compensation. If you are injured due to your own improper operation, you will bear the loss.

[Legal basis].Article 1198 of the Civil Code.

Operators or managers of hotels, shopping malls, banks, stations, airports, sports venues, entertainment venues, and other business venues or public places, or organizers of mass activities, who fail to fulfill their safety obligations and cause harm to others, shall bear tort liability.

Where damage to others is caused by the conduct of a third party, the third party shall bear tort liability; Where operators, managers, or organizers fail to fulfill their security obligations, they shall bear corresponding supplementary responsibilities. After the proprietor, the person in charge of the Fengduan theologian or the organizer bears supplementary liability, they may recover compensation from a third party.

Legal analysis: The fee standards of lawyers in different regions are different, and the prosecution of the gym depends on whether it involves property relations, as far as Henan is concerned, (1) does not involve property relations: 800 yuan 10,000 yuan 2) Involving property relations:

The basic service fee for each piece is 1000 2000 yuan. Where the amount of the subject matter of the disputed property exceeds 10,000 yuan, it is calculated progressively according to the following proportions. Amount of disputed subject matter Billing ratio:

10,001 yuan - 100,000 yuan part 5% 6% 00,0001 yuan - 1,000,000 yuan part 4% 5% 000001 yuan - 5,000,000 yuan part 3% 4% 000001 yuan - 10,000,000 yuan part 2% 3% 0000001 yuan - 50,000,000 yuan part 1% 2% 0000001 yuan or more.

Legal basis: "Measures for the Administration of Lawyers' Service Fees" Article 5: Law firms provide the following legal services in accordance with law, and implement ** guide prices:

1) Civil litigation cases on behalf of filial piety;

2) **Administrative litigation cases;

3) ** State compensation cases;

4) Providing legal advice, appeals and accusations, applying for release on guarantee pending further investigation for criminal suspects in criminal cases, and serving as the defendant's defender or private prosecutor, or the victim's litigator;

5) **Appeals in various litigation cases.

The fees charged by law firms for providing other legal services shall be subject to market-adjusted prices.

If you have sufficient evidence, you can sue you, and the winning rate will be relatively large.

A lawsuit is filed with the court, and whether or not to accept the case is determined by the court in accordance with law. The plaintiff sues first, and then the court accepts and examines the case, and the two are related, but they are not the same thing, and the court may not accept the case after filing the lawsuit.

Article 123: People's courts shall ensure that parties enjoy the right to sue in accordance with legal provisions. Prosecutions that comply with article 119 of this Law must be accepted. Where the requirements for initiating litigation are met, the case shall be filed within 7 days, and the parties shall be notified; where the requirements for initiating litigation are not met, a written ruling shall be made within 7 days and not accepted; Where the plaintiff is not satisfied with the ruling, he may file an appeal.

Prosecution process

1. When a party initiates a lawsuit, it shall first submit a statement of indictment and submit a corresponding number of copies according to the number of opposing parties. If the parties are citizens, the names, genders, ages, places of origin, and addresses of both parties shall be indicated; If the party is a unit, the name and address of the unit, and the name of the legal representative or responsible person shall be clearly indicated. The body of the indictment shall clearly state the matters requested and the facts and reasons for the prosecution, and the end must be signed or affixed with an official seal.

2. Basis"Whoever asserts is the one who gives evidence"In principle, the plaintiff shall submit the following materials to the court:

1. Materials on the plaintiff's subject qualifications. Such as the original and photocopy of resident ID card, household registration booklet, passport, home return permit for Hong Kong and Macao compatriots, marriage certificate and other evidence; If the enterprise unit is the plaintiff, it shall submit copies of the business license, business registration certificate and other materials.

2. Evidence to prove the plaintiff's claim. Such as contracts, agreements, creditor's rights documents (IOUs, IOUs, etc.), receipts and delivery vouchers, letters of filial piety, etc.

3. When a party submits documentary evidence to the court, it shall fill out a list of evidence in duplicate, listing in detail the name and number of pages of the evidence submitted. After the evidence has been verified by the court's undertaker, the undertaker is to sign and seal the evidence list, and one copy is to be handed over to the parties and one is to be recorded.

IV. Within 7 days after the parties have completed the necessary formalities and submitted all relevant evidentiary materials, the case filing division shall handle the case filing formalities for those who meet the requirements for case filing; Where the requirements for filing a case are not met, a ruling is made in accordance with law not to accept it.

5. The parties shall pay the case acceptance fee and other litigation fees in advance within 7 days from the date of receipt of the notice of acceptance, and if there are real difficulties, they may submit a written application to this court for reduction, deferment or exemption within the prepayment period.

6. After the case filing formalities, the case will be scheduled by the court, and the parties shall obey the various work arrangements of the court, and settle the litigation costs in the financial office after the case is concluded, and refund the excess and make up for the deficiency.

Summary. Legal Analysis: Depends on the circumstances.

First of all, analyze the causes of injury: 1. If you violate the operating procedures, wrong operation, etc., you are generally responsible for yourself. 2. If it is a gym management problem, such as no safety warning, slippery floor, misoperation by management personnel, and potential safety hazards without timely maintenance, this situation is generally the responsibility of the gym.

3. If it is a problem with the equipment itself, such as a design problem, or a quality problem that causes injury, the gym and the manufacturer are responsible.

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Members are responsible for exercising in the gym and injuring themselves.

Legal Analysis: Depends on the circumstances. First analyze the cause of the injury:

1. If you violate the operating procedures, wrong operation, etc., you are generally responsible for yourself. 2. If it is a gym management problem, such as no safety warning, slippery floor, misoperation by management personnel, and potential safety hazards without timely maintenance, this situation is generally the responsibility of the gym. 3. If it is a problem with the equipment itself, such as a design problem, or a quality problem that causes injury, the gym and the manufacturer are responsible.

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