Many who set out to pursue a healthier lifestyle get more than they bargained for when they join a gym. These facilities are not always safe for patrons and injuries happen all the time. Some injuries are due to the user not following the rules, but some can be placed squarely at the feet of the gym. Read to find out what your financial recourse could be after a gym injury.
Opportunities to Work Out and…to Get Hurt
The safety of a workout facility can vary greatly so most people try to choose a safe, clean, and well-staffed gym. However, accidents can happen and it's easy to see why when you consider the potential problem areas that lurk in many facilities.
- Big, heavy, and potentially dangerous machines and free weights.
- Wet, slippery, and germ-friendly pool, hot tub, and shower areas.
- Trainers and instructors that are not trained or educated in proper techniques.
And more
Problems With Liability Waivers
The problem with total liability waivers is not that most gym patrons sign one when they first apply for membership – it's that far too many hurt gym-goers think it means they cannot take action after an injury. Some gyms wrongly place all the responsibility on the patron to avoid hazards and be careful. Make no mistake about it – gym patrons must use care when working out and follow all the posted rules. However, a waiver of total liability attempts to absolve the gym completely of all liability for any accident occurring in the gym. It's vital that those hurt at the gym know that they did not sign away all of their rights to sue the gym for injuries.
Negligence Waivers
If you are hurt and you failed to follow instructions, read the signs, see the orange cones, etc., you may not be able to sue the gym. The gym must be constantly vigilant to prevent injuries by monitoring the foot traffic, observing weather conditions, inspecting the facility for issues, and properly maintaining the equipment and wet areas. For example, if you added too much weight to a barbell and got hurt trying to lift it, that's probably on you. However, if you were hurt by a malfunctioning elliptical, that's probably on the gym.
Gym patrons don't have to be legal experts to understand these issues. If you have been hurt, let a personal injury lawyer review the facts of the case and advise on you a course of action. In many cases, you do have a right to pursue monetary damages against the gym. Speak to a lawyer and find out more.
If you have been hurt in a gym and need a personal injury attorney, visit the Siben & Siben LLP website to find the attorney who is right for you.
