It is a common misconception that if you are injured at the gym, then you cannot file a claim against the gym. Most gyms ask their members to sign a liability waiver and hence most gym-goers assume that it clears them of all liability.
While the waiver may be able to prevent a client from taking some action, it does not completely erase the gym’s accountability. A lot of waivers do not have legally binding language. If you were injured at the gym, you may have a personal injury claim. Here are three questions to ask yourself.
Was the Work Environment Safe?
It is up to the gym to provide you with a safe workout environment. The equipment must be maintained and cleaned. If you slip and fall on a wet floor, you could suffer serious injuries on impact. When this happens, the gym may be responsible. Also, if the gym does not keep the equipment clean and you end up ill or with a staph infection, this can also be the gym’s fault. It is up to the gym to keep its clients and members safe.
Was Another Member Careless?
Even if the gym itself is not responsible for your injuries, it does not necessarily mean that no one is at fault. Another person’s carelessness could contribute to the accident. For instance, if you had a partner spot you while weightlifting and his or her negligence harms you, then he or she might be liable. You could have a personal injury suit against the individual, rather than the gym.
Were you Responsible for Your Injuries?
Now, in some cases, the accident might be your fault. If you act carelessly with the equipment, then it may be your fault. For instance, say that you are instructed on how to use a piece of equipment and there are warnings about improper use, but you still decide to use the equipment in the wrong way, then any injuries sustained are your fault. If you are at fault, you can’t file a lawsuit.If you are injured at the gym, the gym may be liable for your injuries. It depends on the circumstance of your injury. If the gym was negligent and their carelessness led to your injuries, then the gym may be liable.