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free weights dumbbell against a white backgroundYou 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.

Liability Waivers

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.

  1. 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.
  2. 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.
  3. 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.

Premises Liability

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 us today to schedule your appointment for a free, no-obligation consultation and discover more about your legal options.

man shoveling snowForecasters are expecting a white Christmas this year. That means much of North Carolina can reasonably plan on digging out from at least under an inch or two. If you own your own home, it’s your job to get rid of snow and ice on common walkways like public sidewalks. If you don’t and someone falls, you could be the defendant in a premise liability lawsuit.

While you don’t want to find yourself in court, you also don’t want to find yourself in the hospital battling at injury because you didn’t shovel correctly. Believe it or not, there are right and wrong ways to shovel the snow and chip the ice from your walk. Use these tips to clear a path and avoid both a lawsuit and an injury.

1. Slow It Down

If you’re like most people, you are planning on grabbing your shovel and getting to work. Not so fast. Just like you wouldn’t run for miles without first warming up, you shouldn’t shovel your driveway and walk without first stretching out your muscles. Before you grab your shovel and get to work, take some time to bend over and touch your toes, raise your arms high above your head and even twist at the waist a few times. Loosen up and warm up before you tackle the snow.

2. Shovel the Powder

It may be tempting to sit in your house and wait for the skies to finish dumping the snow before you head out an shovel, but you would be safer to shovel more than once if it means shoveling lighter snow. Snow that is falling is lighter than snow that is allowed to sit and accumulate. If there are several inches forecasted, try to shovel at least once before the storm is over.

3. Push the Snow

We’ve all seen those people pushing snow across their driveways and wondered if they were just too lazy to lift it and throw it. The truth is those people aren’t lazy — they are doing it correctly. Instead of scooping and lifting the snow, you should use your shovel like a plow and push the snow. It’s much easier on your body.

4. Don’t Eat First

You really shouldn’t shovel immediately after you’ve eaten. You should also avoid smoking while you are shoveling. Shoveling on a full stomach can cause you to vomit. Smoking while you are shoveling will reduce your ability to properly utilize oxygen.

5. Stop Before You Are Tired

Don’t push yourself too hard. You need to stop shoveling before you’ve reached the point of exhaustion. Listen to your body when you are shoveling. If you find yourself getting short of breath, are too cold or start to feel ill, go back inside.

If you slip and fall on someone’s property this season, you may be entitled to compensation for any injuries you sustain. If your accident in Charlotte was the result of someone’s negligence, reach out to our experienced team of personal injury attorneys. We are happy to be able to offer you a free case evaluation.

house decorated with lots of christmas lightsDecorating for the holidays has become a sort of competition in some neighborhoods. Thanks to social media and fantastic DIY sites, it’s easier than ever before to get ideas for decking the halls. While you are trying to outdo your neighbor this year, or maybe even just decorate a bit more outlandishly than you did last year, don’t forget that you need to make sure your home and property are safe for guests.

Premise liability is a type of personal injury law that essentially states you are responsible for ensuring the safety of guests while they are on your property. If you decorate your home in a way that presents a hazard to others, you could be setting yourself up for a lawsuit. Here are some tips to use when decorating your home this holiday season.

1. Keep Cords Tucked Away

Cords for lights and other decorations should be kept tucked away both in the house and out. Don’t run extension cords over any walkways outdoors, and keep cords for decorations in the house tucked up against baseboards.

2. Don’t Block Walkways

Keep large decorations in the yard or against the house where guests wouldn’t normally walk. This may mean that you have to scale back on outdoor decorations if you have a small yard. With the number of inflatable decorations available, it can be tempting to purchase several. Stick with one or two.

3. Secure the Tree

If you put up a tree this year, make sure that it is securely in place. You may have to tie it to the wall if it is extraordinarily tall. If you have it in a stand, and chances are that you do, make sure that the stand is secure and level. If your tree comes toppling down on an unsuspecting guest, they could be injured.

4. Up on the Rooftop

If you’re going to be hanging decorations up on your roof, make sure they are secure. A strong wind can easily blow off decorations that aren’t tied down properly. Should your roof decor come crashing down, you could find yourself in court if someone is injured.

5. Be Mindful When Asking for Help

You may be thinking of asking for help when decorating this year, but you better ensure that you are providing adequate tools for the job. Old, rickety ladders won’t cut it. If your helper falls off of a ladder that is in ill repair, you could be on the hook for their medical bills.

If you are injured on someone’s property in Charlotte, you have the right to seek compensation for medical bills, lost wages and more. Reach out to our team of experienced personal injury attorneys for more information about your legal rights. We will review the details of your accident during a no-cost case evaluation and advise you of your options. Call today to schedule your appointment or browse our website to learn more about the types of cases we handle.

close up of little girl on a playground swingThe calendar says that it is officially autumn, but on a few days lately it has felt like mid-July. As we deal with summer-like temperatures, children are taking advantage by spending afternoons and evenings on the playground.

It’s not only families; drive past a school during your lunch hour and you may see little ones swinging from tires and climbing on monkey bars. Parents and teachers alike are taking every opportunity to get children outside before the cold weather sets in. While it may be good for children to exercise, playgrounds pose dangers that adults should be aware of. Don’t let your attention wane simply because summer is over.

Adult Supervision

Proper adult supervision can help to ensure that children do not sustain injuries on the playground. Do not allow children to use equipment outside of the ways it was intended. Don’t take your eyes of kids to check your cell phone or to speak to another adult. Keep your attention on the children and if you see a little one behaving in a way that isn’t safe, have them sit down for a bit.

Equipment Check

Before children are allowed to play on equipment, give it a quick once over. Look for loose bolts and screws. Be sure that the equipment is stable. Also check for issues like wasp nests. If you notice any hazards on the playground, look for signage that tells you who owns or operates the play area and advise them of what you have found. Don’t let children play on any equipment that doesn’t appear safe.

Teaching Kids

Children don’t know what we don’t teach them. Tell your children about expected behavior on a playground. Your kids should know how to use equipment properly, how to treat other children who are playing and when to find an adult. If you notice that your child is not following the rules, take them off of the playground, have a talk with them and try again.

Contained Playgrounds

Some playgrounds are contained with netting or ropes. Before you allow your child onto the equipment, look for any tears or rips in the netting. Make sure that spaces between strings and ropes are not so wide that your child’s head could slip through and become caught. Don’t allow your child to wear any clothing with drawstrings and have them remove any jewelry they are wearing.


More cities than ever have spraygrounds or splash pads for children. If you take your child to one of these play areas, make sure that you read the posted rules and share them with your child. Do not let your child drink the water in order to minimize the risk of illness.

The temperatures are high — don’t forget about playground safety while enjoying the weather with your little ones. If your child is injured on a playground in Charlotte, you have legal rights. Call our office today to schedule an appointment for a free case evaluation. We will review the details of your child’s accident and help you make the best decisions for your family.

Focus some part of young person are rafting in riverWhat should have been a day of fun and laughter turned deadly for an Ohio teenager who was visiting the U.S. National Whitewater Center in Charlotte, North Carolina in 2016. Lauren Seitz was whitewater rafting at the recreational facility when her raft overturned. While in the water she was exposed to a rare and deadly amoeba, Naegleria fowleri, which was growing in the manmade river.

She returned home, feeling sick. Just 11 days later, she died from a brain infection caused by the amoeba. After this tragic incident, the Centers for Disease Control and Prevention (CDC) took samples of the water, and it tested positive for Naegleria fowleri. These findings were deemed significant, as this amoeba had not been found in this particular environment before. The CDC claimed dirt and debris in the water hindered the sanitation process, allowing the amoeba to flourish.

Seitz’s family is suing the U.S. National Whitewater Center and its builder, Recreation Engineering and Planning Inc., in a wrongful death lawsuit. The family claims these parties were reckless and grossly negligent in their care and upkeep for the park, and should be held liable as such.

A lawsuit of this fashion begs the question: What responsibilities to recreational centers, amusement parks and other premises have when their patrons get injured?

The Basics of Premises Liability

Legal responsibilities regarding a patron’s safety falls under premises liability laws. Essentially, premises liability means property owners have certain duties for anyone who enters their property. However, the extent of that responsibility greatly varies, depending on the type of visitor.  Additionally these laws may vary from state to state.

There are three broad categories of visitors: Invitees, licensees and trespassers. Invitees are the most common type of visitor to commercial properties and businesses. In the case of a visitor of an amusement park, the visitor has bought a ticket and is legally allowed on the property. A licensee is different, in that they are allowed to be on the property, but weren’t necessarily invited; this classification is almost never used when it comes to amusement parks or businesses in general. Finally, there are trespassers, who are obviously on the property without permission.

Regardless of the type of visitor, business owners have a “duty of care” for their customers. Even a trespasser is owed a minimal duty of care, which means property owners have to at least avoid causing intentional, unnecessary harm. The duty of care for invitees is much more stringent.

The Duty of Care for Invitees

First and most importantly, businesses such as amusement parks must ensure that their attractions are safe for use and will remain that way for the foreseeable future. For some attractions such as water parks and amusement parks, this means ensuring rides are regularly maintained and inspected, safety instructions are given and there is employee supervision while the ride is operational. For a park like the US National Whitewater Center, it may mean that lawyers for Ms. Seitz’s family will argue that the facility did not check the water with enough regularity to prevent the amoebas from infesting the manmade and maintained river.

The duty of care applies to other aspects as well. For instance, parks are supposed to keep the grounds clear of hazards. An example would be a pathway that is constantly wet due to a nearby water ride should potentially have signs to warn patrons that the path may be slick.  Reported injuries on publicly accessible commercial businesses are common but many could be avoided when proper maintenance and inspection are priorities for the business owners.

What Duty of Care Doesn’t Cover

Not every injury or incident is a breach of duty of care. For instance, a teenager was recently injured at Six Flags Great Escape in New York because she fell out of a ride. However, an investigation revealed that she fell out due to her own actions, not because of malfunction with the ride. As such, the park did not breach its duty of care. Similarly, if a patron is told to keep their arms and legs inside the ride, but gets injured after ignoring those instructions, the park would likely have a strong defense against claims of negligence.

Every case is different and very factually intensive.  For example if a park visitor enters a restricted area that is clearly marked as such, and gets injured, they would likely be treated as a trespasser. Under premise liability laws this classification affects the duty of care that was owed to them and whether or not they are owed compensation for their injuries. However, if signage was ambiguous or nonexistent or the injury was caused in a willful or grossly negligent matter, the park can still potentially be held responsible for injuries.

Liability May Not Be Clear

What about situations where the injured person was clearly not at fault but evidence of the negligence on the part of business is underwhelming? In the event of a ride that was properly maintained but poorly designed, liability may be dispersed to multiple parties such as the companies involved in designing and building the attraction.  In some complicated scenarios these types of cases may involve multiple parties and defendants.  

In some cases, people may be injured by the acts of a business’ employee or agent.  Those situations are very factually dependent and may be contingent on how the injury occurred and in what capacity the agent or employee was working.  A case involving a customer injured intentionally by an employee is very different from a case where an employee causes an injury due to oversight or negligence.

There is a common misconception that a property owner or business is always responsible for any injury that occurs on their property.  As you can see, these cases hinge on the facts and involve issues that are not always cut and dry. Additionally issues such as governmental immunity, contributory negligence and causation can be relevant factors in assessing liability for injuries that occur on private property.  It will be very interesting to see all of the facts that come to light when the case against the U.S. National Whitewater Center is litigated.  Regardless of liability, hopefully the case results in the prevention of further injuries.

The list of prior client settlement results and client reviews/testimonials, do not constitute a promise of any particular result in any particular case, as each and every case is unique. Each case was handled on its own merit, and the outcome of any case cannot be predicted by a lawyer or law firms past results.

If a recovery or settlement by trial is made, the client will be responsible for costs advanced in addition to attorney fees. Client remains responsible for costs, expenses and disbursements, including medical bills, within the scope of representation. The attorney’s contingency percentage will be computed prior to the deduction of expenses from the total recovery.

The principal office for Auger & Auger Law Firm is located at 717 S. Torrence St., Suite 101, Charlotte, NC. The attorneys and staff of Auger & Auger Law Firm work and process all of the firm’s files at the principal office location in Charlotte, NC. Other office locations listed on our website are satellite offices that are not staffed daily. Satellite offices are operated for the convenience of our clients and who live outside of the Charlotte, NC metro area and are unable to meet with us at our principal office location. All meetings at our satellite offices must be made by appointment only. Phone numbers for satellite offices forward to our principle office location in Charlotte, NC. Protection Status