The gym is one of those places where you go to destress after a busy workday. Not only does it help you to get fit and healthy, it gives you an avenue to sweat it out, in a very beneficial manner.
A gym, however, can also be a minefield of potential accidents waiting to happen. Worn rubber mats, fraying ropes, malfunctioning and broken equipment, dimly-lit areas, and wet and slippery floors pose great hazards to gym members. This can result to personal injuries. Depending on the circumstances surrounding your gym accident, you can have a personal injury case in your hand.
Who is Liable for a Gym Related Injury?
It is not just the gym owner who can be liable for a gym related personal injury. The following can be held liable for any damages and costs resulting from the accident.
- You, the victim
Yes, you. You can be held responsible for your injuries during your gym workout if you are guilty of any of the following: careless and erroneous use of gym equipment, failure to pay attention while working out, or not following the instructions of your gym instructor.
- The gym where you worked out and where the accident happened
Gyms have the responsibility to make the premises as safe as possible for its patrons. The gym and the equipment should be regularly cleaned and maintained to ensure everyone’s safety.
You can hold the gym liable for the following incidents: slipping and falling due to a wet floor, or suffering an injury because of faulty and improperly maintained gym equipment.
- The manufacturer of the gym equipment
If a manufacturer provided the gym with a faulty workout machine that caused an accident, then the equipment company can be held liable for the damages.
- Other gym patrons
If the injury resulted from another gym patron’s intentional or careless actions, then that person can be held liable.
What about the Liability Waiver?
Does a liability waiver have an impact on a personal injury case against a gym? Liability waivers do not prevent you from filing a personal injury claim against your gym. No liability waivers can protect an establishment, especially if it is proven that there was an act of gross negligence. If you sign up for a gym membership where you need to sign a liability waiver, make sure to keep a copy of all the documents that you sign.
The following can be used as evidence of acts of negligence on the part of the gym’s management:
- Other members have notified the manager of the dangerous condition, prior the accident.
- Improper staff hiring and training.
- Negligent janitorial staff failed to keep the premises clean.
- Routine maintenance and inspection is not performed.
Contact a Personal Injury Attorney
If ever you injure yourself during your workout at the gym, inform the manager on duty right away. Seek medical attention so you can be given proper care. Keep the names of the witnesses and all medical records of your treatment.
More importantly, talk with a reputable and experienced personal injury lawyer. A lawyer can help make sure that your legal rights are protected and that you can be compensated for actual and moral damages, among others.
Written by Carson and Coil, the leading personal injury attorney in Jefferson City, MO.