Who Is Responsible When You Are Injured At The Gym?
Author: Auger Law | February 8th, 2018
You may find it difficult to believe, especially if you’ve never experienced it, but injuries at the gym are pretty common. People may not fall on the floor and writhe in pain, but could experience sore muscles later in the day from a few too many reps. In other instances, someone could slip and fall in the shower, injuring themselves more severely.
Gyms are typically thought to be of as fairly safe places. Employees are available to teach people how to properly work on the machines. Padded floors ensure that free weights land softly. But what happens when you do experience an injury at the gym? When an accident does occur, the victim may be left wondering if they can hold the gym or its workers accountable. Here’s what you need to know.
When you join a gym, you are normally asked to sign some type of liability waiver. Gym owners attempt to protect themselves from lawsuits filed by people who didn’t use equipment properly or tried to do more than they were able. Signing a liability waiver doesn’t mean that a gym owner is exempt from all lawsuit. Take a close look at your copy and see what it includes.
- Total waiver of liability means that the gym is not liable for any injuries within its walls. That said, courts may find these waivers to be unenforceable if they are too broad.
- Waiver for negligence means that you can’t sue the gym if your injury was caused by negligence on the part of the gym owner or an employee.
- Waiver of liability for intentional acts means that you can’t sue if someone in the gym assaults you in some way. These waivers are typically unenforceable in court.
Knowing what your waiver says is the first step in determining whether or not you have a successful case on your hands. For example, if you are working out on a machine and it comes crashing down on your lap due to poor maintenance or an issue the gym owner was aware of, you could potentially file a lawsuit.
Like any other business, a gym must be reasonably safe and free of hazards. That means that machines must be inspected regularly, slip and fall hazards must be remedied and potential dangers must be repaired or removed. If any of these things have caused your injury, you may choose to file a lawsuit.
Like any injury, one that takes place in a gym is unique. If you have been injured in a gym in Charlotte, call our office. We will talk with you about your injury and the circumstances surrounding it and help you determine if you have a premises liability or other type of personal injury case. Contact our Charlotte premises liability lawyers today to schedule your appointment for a free, no-obligation consultation and discover more about your legal options.