I’m going to try to explain this as best as I can… This past June 2024, a teammate and I were doing a normal drill in jujitsu with about 15 other people in the gym. After the drill, my partner sat up and looked off, said ‘ah man,’ reached down toward his legs, and passed out. Long story short, the paramedics came to the gym and took him to the hospital. Unfortunately, he passed away later that evening from what seemed to be a heart attack.
Fast forward to a few days ago, the gym called me to let me know that his family has filed a lawsuit against the gym. They said the gym’s insurance might need to contact me and other people who were there to ask a few questions. The cops already have our statements from the day it happened. I asked the head coach if I have to provide more information, and he said yes. I’m feeling pretty uncomfortable with this and wonder if I have to be involved. It was a really traumatic experience for me.
You should definitely talk to a lawyer. The gym’s insurance might ask for your statement, but you don’t have to talk to them without legal advice. It’s important to make sure the insurance doesn’t try to blame you or the gym for what happened. Also, in some places, participants accept certain risks by joining dangerous sports, so you might be fine legally. But, again, talking to a lawyer is the best way to protect yourself.
Mal said: @ThurgoodMarshall1
What if the lawsuit goes beyond what the insurance can cover? That seems pretty scary.
It’s possible, but if you don’t have a lot of assets, they can’t get much from you. Even if they win a judgment, they still have to collect, and if you don’t have anything to give, you could be considered ‘judgment proof.’ You should talk to a lawyer about this for peace of mind.
Clarke said: @ThurgoodMarshall1
Don’t people usually sign waivers for stuff like this? I would think the waiver would protect the gym.
Yes, but waivers don’t always hold up in court. Even if they do, the family can still file a lawsuit, and it’s up to the court to decide if the waiver is enforceable. It’s also possible that something went wrong beyond the typical risks, which might not be covered by the waiver.
Whatever you do, be careful about what you say to people at the gym or to anyone else involved. Anything you say could be used later, so it’s best to not talk about it until you’ve gotten legal advice.
Darby said: @Ash
Isn’t that hearsay? What you say to other people wouldn’t matter in court.
Not in this case. If you’re part of the lawsuit, what you say can be used against you as an ‘admission’ under the rules of evidence. So it’s really important to not say anything without legal advice. Ignore the previous comment.
You’ll probably get subpoenaed eventually. Right now, you don’t have to do anything or talk to the gym’s insurance unless you want to. But consider this: you could be added to the lawsuit personally, even if you didn’t do anything wrong. The family might be looking for someone to hold accountable.
The gym’s insurance will probably try to protect the gym, but that doesn’t necessarily mean they’ll protect you. You should decide whether to hire your own lawyer or cooperate with the gym’s lawyers. If you think nothing wrong happened, you might be fine cooperating with the gym. But if you want to be 100% safe, getting your own lawyer is better.
@Justice
Most of what you said is good advice, but I’d add that the gym’s insurance and you might not have the same interests. The insurance might try to avoid paying claims by blaming you. They’re not required to look out for you, so be careful.
Check if your homeowners or renters insurance covers situations like this. They might provide an attorney to represent you if you’re involved in the lawsuit. It’s worth asking.
The gym’s insurance is just getting ready in case the family files a claim. If they want you to cooperate, you might want to ask if they’ll provide you with legal help in return for your cooperation. If they won’t, that could be a sign that they expect more legal trouble.
One tip: write down everything you remember from that day now, while it’s still fresh. These things can drag on for a long time, and you’ll want to have a clear record of your memory.