When you go to the gym, you may worry about causing yourself injuries by overdoing certain exercises but you probably do not worry about what happens if hazards at the gym cause your personal injury. Such scenarios do happen, however, and when they do it is important to take action to protect yourself. Gym owners and equipment manufacturers may try to blame you for your injuries when they have been negligent or reckless.
What are some common causes of gym injuries?
Among the more common causes of gym injuries:
- Defective equipment
- Failure to maintain equipment
- Employee negligence
- Unsafe conditions
- Slip and fall
Can I file a lawsuit if I suffer a fitness center injury?
Each situation is unique but if you are injured in a fitness center accident, you may be eligible to file a personal injury lawsuit against the gym, any trainers responsible for your safety, and any equipment manufacturers if their equipment was defective and responsible for your injuries.
Even if you have signed a waiver releasing your rights when you signed up for a gym membership, you may still be able to file a personal injury lawsuit against the responsible parties. This is especially true if the defendant was reckless or grossly negligent in allowing the injury to occur, or intentionally caused an injury.
What damages can I recover in a gym accident?
Depending on the nature of your injuries, you may be able to recover damages related to:
- Medical bills
- Physical therapy
- Occupational therapy
- Lost earning capacity
- Lost wages
- Pain and suffering
- Punitive damages
What if I signed a waiver?
While a waiver may release the gym from some liability, it does not release the gym of all liability, and it certainly does not protect the gym in cases where it has been reckless or negligent in its operations. A waiver might protect a gym against liability if you have used the equipment improperly or if another member has negligently injured you.
If you were intentionally injured, if the gym was grossly negligent or allowed you to use defective or broken equipment then the waiver will likely not be enforceable.
What are gym owners responsible for?
Health club owners are responsible for ensuring their facilities are reasonably safe, their equipment is clean and well maintained, and their premises are free from hazards—such as wet floors. They are also responsible for hiring competent staff and ensuring staff is properly trained in using the equipment and maintaining the facilities.
Equipment manufacturers are responsible for ensuring their products are safely designed and meet all industry standards. They must also provide adequate warnings about any potential issues or risks associated with their equipment.
Why do I need an attorney if I was injured in a gym accident?
An experienced personal injury attorney will thoroughly investigate your claim to ensure that all responsible parties are held accountable for their actions. If, for example, you were injured while using gym equipment, an attorney will investigate to find out if the equipment itself was defective, if the gym did not properly maintain it, if you were not properly instructed in using the equipment, or if each of those factors were responsible for the harm done to you.
Furthermore, a personal injury lawyer will determine the extent of your injuries and the harm done to you and fight to ensure you are compensated fully for your injuries. Your attorney will speak with medical experts, examine your records, and interview witnesses to ensure the strongest claim possible is put forward.
What should I do if I was injured in a health club accident?
If you were injured at a gym, health club, fitness club or fitness studio, seek medical treatment. Document the conditions surrounding your injury and, if possible, get statements from witnesses. Make sure you note the date and time of the injury. If you are able, take photos of the scene of your accident.
Contact an experienced personal injury attorney as soon as possible. The sooner an attorney is aware of your situation, the sooner they can begin speaking with witnesses and collecting relevant documentation.
Gym Injury Attorney
Attorneys at Cutter Law are highly experienced in personal injury claims and have recovered hundreds of millions of dollars for our clients. If you or a loved one was injured in a gym accident, contact one of our Oakland or Sacramento attorneys today to discuss your situation. Our attorneys are available to answer your questions and advise you of your rights.