Injured after 2nd time with personal trainer at gym

Hello. I just started working out at a gym for the past week. I joined on June 14th. I am 35 and am in good shape. I always ran (about a 13 minute mile) or participated in some type of sport. Never had any injuries. I weigh 113 and am 5"1. Anyway I wanted to try and tone up since I am getting older. I do not have a lot of experience with weights so I wanted to make sure I had good form and learned how to use the equipment correctly so I paid $1,000 for a PT. On my 2nd visit ( I was there on Tue this was Thursday) he had me lifting a 35lb dumbell from the floor in a squat position. This resulted in a bad injury to my lower back. My dr prescribed me a muscle relaxer for day, codeine at night and physical therapy for a month 3 times a week. My back is having spasms. What should I do? I called the gym and cancelled my pt contract (the district manager actually asked if I wanted to work with another trainer!!!! Uh my dr said no). The district manager said the trainer was new and said it was not their intention to hurt their members. He asked me to fax the dr's and medicine copies to him and bring them with me Monday. They want to meet with me Monday to fill out an accident report. Any advice? I have been paying the dr co-pays and gas to my appts. I did send a certified letter to the corporate office today detailing what happened and sending copies of my dr's orders and medicine. Do I need a lawyer? Will I be in pain for life now? Should the gym be paying for this?

If the trainer had you do something that was clearly and obviously risky, then they may be culpable.

However, this type of activity can fall under the same as sports injuries. The phrase you need to be familiar with is "assumption of risk". On a previous thread a guy wanted to sue because of his kid in a karate class being thrown to the ground by another kid in the course of the exercise. The duty of care exercised by the teacher, or trainer is different than, say, someone who decks you in line at the supermarket.

Example: A man grabs another man, throws him to the ground violently, rendering him unconscious.

In one scenario, the polices are called and the assailant goes to jail for assault.

In another possible scenario, the crowd stands and cheers wildly because their team just made a touch down.

See the difference?

Now, if you were on the floor doing sit ups and a trainer walked past and dropped a bar bell on your head, that would be different. But, the question in your case is---is the activity he had you engaging in reasonable for your physical ability, size, age, etc. If it is, then he is not responsible because with this type of activity comes an inherent risk. Understand? But, per your own admission, you are accustomed to this type of exercise---and I am not certain that 35 pounds is excessive for someone of your self described physique.

There is an assumption of risk involved in the activity you are describing. Also, the paperwork you signed upon joining is relevant, as well. In order to prevail in a civil suit you would have to prove some negligence regarding some duty of care that was not property exercised. I am not sure how you would do that.

I would call a local attorney and ask for a free or low cost consultation, but my opinion--and this is only that, an opinion, is that this type of thing would fall under the assumption of risk.