24 Hour Fitness USA, Inc 24 Hour Fitness USA, Inc, Employee continues to place me and others in danger despite repeated complaints to manager. Petaluma, California

As a member of 24 Hour Fitness USA, Inc., at Petaluma, CA for the past four years, the use of free weights has been part of my regular exercise regimen.  The lighter weights (up to 20 pounds) that I use are located on a metal framed rack with three shelves that is about three feet wide and about three feet high.  The shelves are set further toward the back of the rack from bottom to top. 

During the past two months a personal trainer named Bobbi C. has repeatedly placed objects on the floor directly in front of the weight rack mentioned while she provides training to 24 Hour Fitness customers.  The objects include dumbell weights, exercise mats, a clipboard with numerous pages of loose paper.  She also places herself and her clients in front of the rack within less than 20 inches of the rack.

I have spoken to Bobbi C. about her practices on no less than five occasions and explained that her conduct creates an unreasonable risk of harm to myself (and others) when I remove and replace weights into the rack.  I have explained that I have impaired balance due to nerve damage in my legs during a medical event.  Further, I have pointed out to her that some of us, like myself at age 70, are not at peak physical health and the risk of tripping and falling can have profound consequences.

Two weeks ago, Bobbi C. again placed her clipboard with papers in front of the rack.  As I attempted to avoid stepping on the clipboard in replacing my weights into the rack, I lost my balance, fell forward with the weights into the rack and smashed my thumb between those weights and the weight rack.  At that time I complained to Bobbi C. (who was within two feet at the time) about my injury and pointed out that I had complained to her directly on at least three prior times about her dangerous practice of placing objects in front of the weight rack.

Three days ago, Bobbi C. again placed her clipboard with papers in front of the rack.  I complained to her again and showed her my bloodied thumbnail as a reminder of the earlier event.  On this occasion, like all the others, she never apologized or agreed to modify her conduct or even acknowledged the validity of my concern.

On March 16, 2011, I spoke directly to club manager Jim McCarthy about the unsafe practices of Bobbi C. and explained that I had made two prior complaints to other management personnel.  He said, "That's an easy fix."  I agreed.  On April 1, I called Mr. McCarthy to report that the practice was continuing and asked that he call me back.  On April 4, I again called Mr. McCarthy requesting a return call.  On April 6, I spoke to Mr. McCarthy briefly in his office and requested he call me.  He assured me he would.  On April 15, I told Mr. McCarthy about being injured due to Bobbi C.'s practices and asked if he intended to call be to discuss those practices.  He assured me again that he would call me.  He did not.  He never has.  I am persuaded he never will.

While I don't suggest that my injury was serious or that any legal action would be appropriate, it absolutely astounds me that Jim McCarthy and his employee Bobbi C. totally disregard the safety of their clients and place themselves and their business at such great risk of liability when a serious injury does occur.  That is the primary reason for my posting this report--so that there is a record that others can look to in order to show the willful, callous disregard for their business invitees to whom they owe such a high duty of safety.

In fairness, I want to say that I have no other complaint about the facility or staff.  The majority of the staff are young, helpful and professional.  Too bad a couple bad apples....