I sustained a serious injury while working out at my gym. Is the gym liable?

Gym injuries are common, especially minor sprains and pulled muscles. If your own carelessness contributed to the incident, the gym may not be liable. However, when malfunctioning equipment or employee negligence causes an injury, you may have a personal injury case. Gyms are responsible for maintaining a reasonably safe workout environment. The gym should clean equipment regularly and maintain it properly. If you sustain an injury by slipping on a wet floor, by improperly kept equipment, or by catching a serious illness, such as a staph infection, from unsanitary equipment, then the gym may be liable to you for that injury. Equipment manufacturers and other gym-goers can also be liable for your injuries. If someone else intentionally or carelessly injures you at the gym (for example, a free weight user drops a weight, and it hits you), they may

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I recently discovered toxic mold in my apartment. Am I allowed to withhold rent until the mold is removed?

Landlords are urged to take mold seriously under Massachusetts law. Long term exposure to black mold is potentially harmful to health and may cause a wide range of symptoms and consequences, specially for people with lung diseases or weakened immune systems. Regardless of the provisions of a written lease agreement, landlords in Massachusetts are bound by “implied warranty of habitability.” This legal doctrine requires the landlord to provide tenants with apartments in livable condition. Tenants in Massachusetts have the right to pursue two common legal self-help strategies. The first, known as “rent withholding,” is when tenants stop paying rent, claiming the mold has made their apartment uninhabitable. The second strategy, known as “repair and deduct,” involves tenants taking care of

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