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View Full Version : could I get sued for this?



usmc-sooner
1/10/2008, 06:10 PM
I go to a gym. A guy I know who works there is always asking me about the Marines and how hard we trained. This guy is obese, I'm not talking fat but grossly over weight, he told me at one time he weighed in at over 500lbs, my guess is now he's between 400lbs and 350lbs. I think he's 59 years old.
Anyways the situation, I feel for him but I admire the fact that he's trying. Now he wants to work out with me, or have me tell him what to do. He said he needs to do the stomach machines, I told him he would have to do massive cardio before it would even matter about ab machines. I give him excercises for different body parts. I do cardio twice a day, try to run outside once and the eliptical or a 1 mile quick run on the tread mill. Anyways this guy trys to do what I'm doing. I keep telling him to slow it down just walk on the tread mill or try to get 5 minutes on the eliptical at a very slow pace.
Well yesterday he was walking for 5 minutes on the tread mill and he kept hitting the incline button, I was like don't over do it, but he (IMO tries to impress me) doesn't listen. I'm a few treadmills over running, I look over and this guy is sweating and out of breath bad!!!! I stop go over and tell him to stop and check his heart rate on the machine and it was over 200!!!!

I started thinking what if he has a heart attack or stroke, I'm sure he has high blood pressure, cholesterol, and probably diabetes. Could his family sue me? I'm not a trainer I just tell him stuff when he asks me. I've told him to go to a Doctor, I actually gave him a diabetic diet to try to follow. One I got from someone I know who got it from his Dr.

I'm not telling him what to do but he asks me stuff and I tell him. I didn't worry about until yesterday and I seriously thought about calling an ambulance for him.

sanantoniosooner
1/10/2008, 06:14 PM
Tell him you've met another fat man. You didn't want to break his heart, but he wasn't meeting your needs.

limey_sooner
1/10/2008, 06:14 PM
Can't see how, you've warned him. I guess you could have a quick word with somebody who works at the gym that you think the guy is overdoing it and might damage himself.

Czar Soonerov
1/10/2008, 06:17 PM
I'd sue ya for $3 quadrillion.

:pop:

usmc-sooner
1/10/2008, 06:17 PM
I'd sue ya for $3 quadrillion.

:pop:

penny a pould?

Harry Beanbag
1/10/2008, 06:19 PM
Most commercial treadmills are only rated at 350 pounds, tell him to stay off of them.

sanantoniosooner
1/10/2008, 06:20 PM
Most commercial treadmills are only rated at 350 pounds, tell him to stay off of them.
He could use one for each foot.

usmc-sooner
1/10/2008, 06:22 PM
they aint my treadmills, he just walks and as far as I know the longest he has ever gone is 5 minutes. Plus he might be right around 350lbs.

Sooner_Bob
1/10/2008, 06:28 PM
I'll bet there are 50 ways to leave your obese training partner.

usmc-sooner
1/10/2008, 06:31 PM
I hope all of you die of a heart attack with some jarhead yelling at you get up fat boy, for turning this into a joke.

heartless bastards

sanantoniosooner
1/10/2008, 06:32 PM
sexist.

mdklatt
1/10/2008, 06:32 PM
To answer your question: Of course you could get sued. This is America. What you need to be asking is if you could get sued and lose. Not that I'm a lawyer or anything, but if you're not holding yourself out as some type of expert I think you'd be okay. What I distilled from my business law class back in 11th grade is that tort law comes down to this: the bigger dumbass loses. Consider this very forum. Who is the bigger dumbass--the person giving stupid advice on a message board or the person who follows it? In your scenario, you are the lesser dumbass (so to speak). Jumbo has no reasonable reason to think that you're not just some nitwit talking out his ***, so he's taking your advice at his own risk.

On second thought, since you've been giving him warnings, a jury might conclude that you're at least partially negligible because you knew he was in danger and didn't put a stop to it. You're screwed.

Sooner_Bob
1/10/2008, 06:33 PM
How can heartless bastards die of a heart attack?

Sooner Born Sooner Bred
1/10/2008, 06:33 PM
Can't see how, you've warned him. I guess you could have a quick word with somebody who works at the gym that you think the guy is overdoing it and might damage himself.That's what I would do. Plus I would suggest to him that he meet with one of the licensed trainers they have on staff.

mdklatt
1/10/2008, 06:35 PM
I guess you could have a quick word with somebody who works at the gym that you think the guy is overdoing it and might damage himself.

This is excellent, this idea.

usmc-sooner
1/10/2008, 06:37 PM
I told him to go to a Dr. because he said he was afraid he has diabetes, and high cholesterol. I don't train him I just tell him if he wants to lose weight cardio is better than pumping iron. He asks me what should I do for my arms I tell him curls.

People on here might argue that I'm the lesser dumbass, but by Gawd I've always been the lessor dumbass.

SleestakSooner
1/10/2008, 06:39 PM
I hope all of you die of a heart attack with some jarhead yelling at you get up fat boy, for turning this into a joke.

heartless bastards



Gunnery Sergeant Hartman: What is your major malfunction, numbnuts?!! Didn't Mommy and Daddy show you enough attention when you were a child?!! [A round from Pyles own personal rifle finds itself embedded into Hartman's chest. Hartman falls back dead. Joker and Pyle stare at the body for a bit before Pyle raises his rifle at Joker.] Private Joker: [trembling] Easy, Leonard. Go easy, man.
Don't know why you just reminded me of that scene... :rolleyes:

usmc-sooner
1/10/2008, 06:42 PM
That's what I would do. Plus I would suggest to him that he meet with one of the licensed trainers they have on staff.

The guy is extremely self conscious, I think he latched onto me because, I would talk to him. I don't know how much money he has but he can't have that good of a job, if he has one at all. Honestly I think he is lonely as well and I listen to him to talk about stuff.

It doesn't bother me or get on my nerves, I feel sorry for him.

usmc-sooner
1/10/2008, 06:44 PM
How can heartless bastards die of a heart attack?

ok enflamed toes, you get to die the painful death of of toeanitus.

sanantoniosooner
1/10/2008, 06:44 PM
Are you sure he didn't latch on to you because you were staring at his man-boobs glistening with sweat?

usmc-sooner
1/10/2008, 06:47 PM
Are you sure he didn't latch on to you because you were staring at his man-boobs glistening with sweat?

I don't know maybe he's got a hairy chest, I could get my teeth flossed while I sucked the sweat off of them.

Widescreen
1/10/2008, 06:49 PM
This is beginning to sound a lot like a SoonerWill story.

mdklatt
1/10/2008, 06:54 PM
I don't know maybe he's got a hairy chest, I could get my teeth flossed while I sucked the sweat off of them.

On the contrary, it's been my experience that once you've got short and curlies in your teeth, a good flossing is the only way to get rid of them.

:hot:

usmc-sooner
1/10/2008, 06:54 PM
This is beginning to sound a lot like a SoonerWill story.

why it has nothing to do with black people, police, carpet, cleaning capet or a wild sex story.

mdklatt
1/10/2008, 06:56 PM
why it has nothing to do with black people, police, carpet, cleaning capet or a wild sex story.

That sounds like more of a SicEm story.

Sooner_Bob
1/10/2008, 06:59 PM
ok enflamed toes, you get to die the painful death of of toeanitus.


But what if . . . :P

Harry Beanbag
1/10/2008, 07:11 PM
Are you sure he didn't latch on to you because you were staring at his man-boobs glistening with sweat?


Is his name Bob?


http://us.movies1.yimg.com/movies.yahoo.com/images/hv/photo/movie_pix/twentieth_century_fox/fight_club/_group_photos/edward_norton5.jpg

TUSooner
1/10/2008, 07:15 PM
Is his name Bob?


GAH!!!
You should be negged for that!

Sooner Born Sooner Bred
1/10/2008, 07:58 PM
Are you the poster whose wife had the chubby friend who wanted to train with you? Maybe you need a 2nd career.

usmc-sooner
1/10/2008, 08:21 PM
Are you the poster whose wife had the chubby friend who wanted to train with you? Maybe you need a 2nd career.

she wasn't chubby she was fat and yeah she wanted to run with me, after she ate my bean dip. She did hire a personal trainer, he did wonders for her. She now has a boyfriend.

She told my wife she's lost almost 20lbs.

not trying to claim to be Arnold or Brad Pitt (I'm not by a longshot)

Mongo
1/10/2008, 08:23 PM
I bet you spot him real close when he does squat thrusts, dont you?

usmc-sooner
1/10/2008, 08:25 PM
I bet you spot him real close when he does squat thrusts, dont you?

how close is close? maybe I could just show you? :D

Mongo
1/10/2008, 08:26 PM
USMC IS A CHUBBY CHASER!!!!!!!!

SleestakSooner
1/10/2008, 08:37 PM
Better don your Bro... or was that called a Mansiere?

usmc-sooner
1/10/2008, 08:43 PM
USMC IS A CHUBBY CHASER!!!!!!!!


thick, bro, I prefer to call them thick

OUinFLA
1/10/2008, 08:54 PM
If you're lucky, he hasn't told anyone that you've advised him to overexert.

That way there will be no one who would think about sueing you if he has heart stoppage.


Oh, wait............. there's this forum ?

MamaMia
1/11/2008, 12:27 AM
usmc, I think you're safe as long as you don't tell him to eat at McDonald's. ;)

RUSH LIMBAUGH is my clone!
1/11/2008, 12:40 AM
I'd sue ya for $3 quadrillion.

:pop:Go for $4 tredrillion, and you'll get more money.

Frozen Sooner
1/11/2008, 12:49 AM
Well, I guess a jury would have to look at it like this:

He solicited YOU for advice.
You informed him that you are not a fitness expert.
You informed him that he really needs to work with a professional.
You informed him that you were concerned that he might harm himself.

Sounds like you've met your duty of care-in fact, you've gone beyond any duty of care. You haven't been negligent and you damn sure haven't been malicious.

Plus, you know, if a 400lb man's wife sues for loss of consortium, it'll get laughed out of court. So that part of the award won't be as big. :D

sanantoniosooner
1/11/2008, 12:55 AM
In fact, you could probably sue him for giving you a chubby.

soonerboy_odanorth
1/11/2008, 01:19 AM
It's hard-core, but if you've become that worried about it why don't you just tell him, "I've told you more than once you should consult a doctor. I don't know whom among your friends and family you've told, "I've got this Marine training me"... not sayin', I'm just sayin'. I'm not training you. Get that straight. You need to see a doctor, a dietician, and a professional trainer. Period. I'm not talking to you about training anymore."

Dude may never talk to you again and it may be uncomfortable. But what's the flip side?

Sooner_Bob
1/11/2008, 08:00 AM
You should be negged for that!


Yes he should be . . . :P

sooner_born_1960
1/11/2008, 09:13 AM
Nah, you're fine.

TUSooner
1/11/2008, 09:32 AM
It's hard-core, but if you've become that worried about it why don't you just tell him, "I've told you more than once you should consult a doctor. I don't know whom among your friends and family you've told, "I've got this Marine training me"... not sayin', I'm just sayin'. I'm not training you. Get that straight. You need to see a doctor, a dietician, and a professional trainer. Period. I'm not talking to you about training anymore."

Dude may never talk to you again and it may be uncomfortable. But what's the flip side?

If you really want to get his attention, put that in writing, making sure that he understands that you will not be responsible for whatever happens to him as a result of any training, and make him acknowledge it in writing. Regardless of how binding - or not - that may be under state law, you will get his attention. If you want a real binding waiver, see a lawyer.

Hamhock
1/11/2008, 09:35 AM
i think we can all see the writing on the wall.

your only option is to kill him away from the gym and make it look like an accident before you lose everything you have in a lawsuit.

1stTimeCaller
1/11/2008, 09:38 AM
why would he want some pansy assed jarhead to help train him? Are there no former members of the Army National Guard that train there?
;)

sooner_born_1960
1/11/2008, 09:41 AM
Sounds like there is at least one.

Mongo
1/11/2008, 10:15 AM
1TC is a homo

1stTimeCaller
1/11/2008, 10:18 AM
that has already been pointed out.

TIA

usmc-sooner
1/11/2008, 10:28 AM
If you really want to get his attention, put that in writing, making sure that he understands that you will not be responsible for whatever happens to him as a result of any training, and make him acknowledge it in writing. Regardless of how binding - or not - that may be under state law, you will get his attention. If you want a real binding waiver, see a lawyer.

I'm not training him. He asked me what I thought would be best because he couldn't do ab machines. I said he'd have to eat healthy and do cardio. Now when I say cardio, I'm talking about slow walking for short amount of time. His knees probably couldn't take much more than that. He usually gets there the same time as I do, so he'll get one the treadmills by me and he talks to me. He'll do that for 5 minutes then go rest, then come back and do it again. then he'll go fart around with the weights, sometimes he'll ask me what I do for my arms or other stuff and I tell him. I just thought that he was in some trouble so I went to check on him. I didn't think about till I was driving home, that it might appear to some people that I was telling him to do this. I gave him a diabetic diet because he's afraid he has diabetes. I told him to go to the Dr for the same reason not because I thought he couldn't walk on a treadmill. I just started thinking if he had a family, they might start thinking man this stupid Marine put dad or grandpa on a diet and overworked him until he stroked or heart failure. Which isn't what is happening but I thought it could appear that way.
I'm not to worried about it.

usmc-sooner
1/11/2008, 10:29 AM
why would he want some pansy assed jarhead to help train him? Are there no former members of the Army National Guard that train there?
;)

I think there all camping out waiting for tickets to the new Rambo movie.

You can't have my fat friend.

sanantoniosooner
1/11/2008, 10:31 AM
I wouldn't get worked up. The best suggestion was to let some trainers at the facility know your concerns.

frankensooner
1/11/2008, 10:50 AM
Have I mentioned that I love my home gym.

TexasLidig8r
1/11/2008, 11:08 AM
Is his last name Mangino?

usmc-sooner
1/11/2008, 11:15 AM
Is his last name Mangino?

no,

he likes to be called Mad Dog Madden

Hamhock
1/11/2008, 11:50 AM
no,

he likes to be called Mad Dog Madden


is this the thread that we're supposed to end the posts with...."in bed"?

Harry Beanbag
1/11/2008, 05:42 PM
I wouldn't get worked up. The best suggestion was to let some trainers at the facility know your concerns.


In the gyms I go to, the trainers would be happy to help....if the guy signed a fat training contract.

sanantoniosooner
1/11/2008, 05:53 PM
In the gyms I go to, the trainers would be happy to help....if the guy signed a fat training contract.
I just said let them know your concerns.

And I don't think he needs fat training. He's got that licked.