Could you imagine working out at your gym and having a television fall on you? Well that is what happened to 71-year old Frederick Felson. While exercising in his condominium’s fitness room, Felson decided to turn the gym’s TV, which was mounted on a rotating stand, to face another direct and continue his workout. As he walked away, the TV fell on his back and neck.
Following the incident, Felson sought treatment at a local hospital, but did not receive diagnostic testing. Shortly after, he began suffering pain throughout his body, decreased range of motion in his arms, headaches, dizziness, and memory loss. Felson visited a neurologist and was diagnosed with a mild traumatic brain injury. Felson was also later diagnosed with a 31 percent whole body impairment rating and continues to experience symptoms caused by this injury.
Felson file a lawsuit against the condominium complex stating that it failed to properly secure the TV, maintain and inspect the TV stand, and warn him of the danger. The Defendant alleged that Felson’s depression caused his symptoms and that his impairment rating was only 2 percent versus the 31 percent he was previously diagnosed with. The jury found in Felson’s favor and awarded him $242,800 on his claim, which was paid by the condominium’s insurance carrier.
Thousand of people in the Charleston area live in apartments, condominiums, and townhomes, many of which offer fitness rooms to their residents. Remember, that it is important to verify with your complex that everything is maintained, inspected, and repaired on a regular basis. This included fitness equipment, lights, televisions, etc. An accident like this one could happen to anyone, at any time, the only thing you can do is be informed and try to avoid the danger.