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CIt was the summer of Saturday, I was working out and I had to take some weight off the rack, the weight rack and the squat machine were placed so close that it accidentally hit their glass panel. It did not completely break but it cracked to about 20℅. I don’t remember signing or agreeing to any indemnifcation clause when I joined in and it was genuinely an accident, but I’m being asked to pay 15000 rupees to just replace it. They keep raising costs and penalties as we speak.
How should I approach this? -
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CNAL , mirror rate is about 90rs sqft try replacing it on your own also it’ll cost 15k if your mirror is 166sqft big
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ALawyer here. OP Here is a few things for you to consider:
1) There is No requirement of a contract or indemnity for someone to sue you for damages. It’s a tortious liability. They can Sue you if they see fit. Usually they will have cctv or other footage to back up their claim.
2) The argument of care and caution and mirror being placed nearby are all defences you can take but ultimately you were the one to cause damage and secondly No one else has caused damage apart from you. If it was so precariously placed, there would be a history of some damage during the normal course.
3) This will not Count as normal wear and tear.
4) your offer to replace only a portion will depend on whether that is practically achievable. If it is achievable then go ahead and make that offer and they cannot demand that you fix the entire thing since you have offered to mitigate their losses.
Having said all this, they are unlikely to Sue for such a small amount unless they have taken it on their ego. If you’re so apprehensive, discontinue your gym and block them (however I’m assuming they still have your personal details). Take your chances and see.-
Q>No one else has caused damage apart from you. If it was so precariously placed, there would be a history of some damage during the normal course.
NAL, but wouldn’t gyms be expected to position their equipment to account for clumsy members? Weight training zones have reinforced floors for accidentally dropped weights by ego lifters.
And is a history of recurring damage reasonable here though? Most gyms would change the positioning at the first instance of such a damage occurring. “But it has never happened before” is considered a novice fallacy in safety culture.
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ALike I said, you can state any number of defences however the court looks at empirical evidence. Whether it was precarious or not is something one has to prove. It is op’s assertion that it was precariously placed. He will have to establish that by leading evidence which is impossible since there’s No precedence that at least he knows of. Courts do not go into speculative aspects. They look at actual damage. OP is in the place by way of a license to enter. A licensee has a duty of care.
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QI see. So from a legal standpoint, if the burden of proving innocence lies on OP, could the gym refuse to provide CCTV footage?
In such a scenario, would OP be better served (legally) by denying any connection with the damage?
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BYou are morally obliged here. It would have been a different case if a dumbbell or strap breaks as that constitutes part of wear and tear.
Tell them you will get it replaced. Take the measurements and ask a mirror guy in your locality for the quote. I believe that could also make a substantial difference. -
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UYou can break 20% of a glass, but you cannot replace 20% glass, dude. You dont have money and yiuvare student, tell them this thing, involve your parents, and maybe ask for some time. Bc galti kibhai to usko own karna sikho, na ki reddit pe ake chutiya suggestions mango ki apni responsibility ko kaise dodge karein. Gym me kisise galti se tera mobile phone ka screen 20% tut jaega to tu sunega uske reddit wale suggestions? Poore paise mangega na screen replacement ke??
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SSee bro, it’s simple you replace what you broke. It doesn’t matter what it was made of or whether it was functional or not. If you broke a designer glass item, you pay for a designer glass replacement. It’s like saying, “I broke an iPhone, but I’ll give you a Nokia or a Samsung instead.” It doesn’t work that way. Don’t pay more, and don’t pay less. You broke it, so you’re responsible for covering the actual cost. Now, you joined the gym so how long was that item in the same place without getting damaged? How come only you ended up breaking it? If it was in a precarious or risky position, you can mention that. But if they still ask you to pay, then you have to, since you’re liable for the damage. Also, you can’t really say, “Only 20% of the glass panel broke,” and expect to pay less. That’s not how it works either. If you feel like you’re being extorted, check the actual price of the panel or ask for a bill or receipt that’s the best you can do.
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ROP IT IS 100% of your responsibility to pay, the only ground you got here is you saying that it was misplaced ( I would give you the Benefit of doubt about that ), but that doesn’t change the fact that it was YOU who broke the glass ( who cares if it was an accident or not ), and secondly your 20% portion replacement doesn’t make any sense to me coz it is the whole glass which will get replaced and not 20%. You should negotiate on the price instead of negotiating to not pay a penny
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AThe OP has been shattered way brutally then he shattered the mirror. I hope he doesn’t ask for compensation as it’s not our fault that he lacks basic understanding and common sense making it unavoidable for us to not break him
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LThat sounds incredibly stressful, especially when it was an honest accident and you weren’t made aware of any liability policy. Gyms should ensure safe equipment spacing and clarity in terms before demanding compensation. Stay calm, ask for written proof of policies, and if needed, seek legal advice.
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VThey are supposed to have a business insurance for this. Even small businesses running from home have business insurance these days. They likely decided that asking for insurance to pay will increase their premium next time.
Tell them that you’ve emailed your lawyer and he is out of town. Once he’s back, you’ll discuss and then pay if its legally fair or required. They’ll likely shut up. Also, tell them that you’ve been having pain in your calf since then and the doctor said there might be a mirror shard injury and that the doctor said the gym I strange will pay for it.
Once they realise They can’t take you for a ride They’ll let it go.
No, it’s not a moral responsibility or right thing to do as others are suggesting. It would have been if you were visiting someone’s home as a guest and broke something. A mirror breaking from dumbbell in a gym is something that is already factored into costs when building a gym. They’re not supposed to charge you for that. My friend had a gym before covid so I know for sure these things are factored into general wear and tear costs already.
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