A professional basketball player has sued the Friendswood, Texas 24 Hour Fitness, claiming that a defective floor at its facility caused him personal injuries. James Blasczyk played center for the USC Trojans. His website indicates that that he currently plays professional ball, both overseas and for the NBA D-League.
His suit claims that his injuries will cause him to miss a season and might be career ending. He claims damages of between $200,000 and $1,000,000.
Mr. Blascyk’s suit will be a typical “premises liability” case, with the issues being:
Whether there was an unreasonably dangerous condition that caused his injury;
Whether 24 Hour knew about the condition, or whether it had been in existence for so long that it should have been aware of it; and
If so, whether 24 Hour failed to exercise ordinary care by both failing to warn him of the condition and failing to make it reasonably safe.
These are the same elements that must be proven in every Texas premises liability case, whether it involves a retail store, a restaurant, a bar or a movie theater. A huge question in this case will be whether Mr. Blasczyk signed a waiver/release before he used the gym facilities, and if so, whether it will defeat the case. As of today, 24 Hour has not yet answered the suit, which has been filed in Judge Lonnie Cox’s state district court in Galveston.
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Phil Griffis obtained his first jury verdict in 1990, when he convinced a jury that a customer’s fall at his client’s store did not cause the customer’s aspiration pneumonia and stroke. In the years since he has continued to win in courtrooms across the State of Texas. Contact our firm for assistance with your legal matter.