A gym owner/operator owes its members a duty to maintain the equipment in safe working ordertriable factual issuewhether user’s fall caused by sticky substance on treadmill was due to gym’s. negligence in not inspecting equipment; Rostai v. Neste Enterprises (2006)138 CA4th 326, 337, 41 CR3d 411, 419, fn. 3]. But there is no duty to monitor a member’s physical response during a fitness training session to prevent inherent risks, such as muscle injury or even a heart attack. [Rostaiv. Neste Enterprises, supra, 138 CA4th at 336–337, 41 CR3d at 418–419]. Whether to pursue a claim (¶ 1:61 ff.) and the manner in which a particular claim should be pursuedwith respect to settlement (Ch. 4) depends in substantial part on the value of the claim. “Value” is, to a large extent, a reflection of the damages incurred. Thus, every claim must be analyzed from the outset for its damages components; and for the “odds” on the extent of recoverable damages. At the very least, a person who has suffered injury through the fault of another is entitled to “be made whole”—i.e., to be restored insofar as is possible to his or her preinjury condition through a “compensatory” damages award. Clearly, the person who sustained personal injury as a proximate result of the wrongful act of another can recover compensatory damages on his or her own behalf. Ordinarily, the most “valuable” element of a bodily injury claim is the right to compensation for all “pain and suffering” plaintiff has sustained, and will endure, as a proximate result of the injury. ”: “Pain and suffering” is a unitary concept, encompassing all the physical discomfort and emotional trauma occasioned by an injury. Plaintiff is entitled to compensatory damages for all physical pain suffered … and also for all resulting “fright, nervousness, grief, anxiety, worry, mortification, shock, humiliation, indignity, embarrassment, apprehension, terror or ordeal.” It would be best to seek personal assistance from a lawyer in order to guide you in filing a personal injury claim.

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