With the start of a new year, many of us make a resolution to take control of our health by losing weight and getting fit. This often involves going to a gym regularly to work out on your own, have sessions with a personal trainer, or attend an exercise class. While going to the gym should be a positive thing, the experience can turn sour quickly if you sustain an injury.
Some gym injuries are due to mistakes on your own part, such as using too much weight for your abilities or not properly performing an exercise. Sometimes, injuries can happen if you jump into an intense workout program too quickly. In these cases, you are likely at fault for your own injuries and you likely have few legal rights to compensation.
On the other hand, many people may be injured at the gym because of negligence1 on the part of another party, such as the gym owner, management, or staff. In these cases, you likely have the legal right to file a personal injury claim against the negligent party to recover for your medical bills and other losses. These claims can involve different types of legal theories and the following is some additional information regarding types of claims after a gym injury.
Like any private business or public space, the owner of a gym has the legal duty to make sure the premises are in reasonably safe condition for people who attend. When the premises of a gym is not in proper order, people can have accidents and sustain injuries. Some examples of negligence on the part of a gym can include:
If a hazard does exist in a gym and it cannot be repaired right away, the gym must provide adequate warning so that gym-goers can take precautions. For example, if a floor was recently cleaned and has not yet dried, there should be a “WET FLOOR” sign prominently displayed.
People can also be injured by equipment at the gym if a malfunction occurs. Gyms involve many different kinds of machines, weights, benches, and other equipment, all of which should be safe for its intended use. When a malfunction occurs, one of two parties can generally be held liable:
Manufacturer – If the equipment had a defect when it was purchased because of a flaw in design or assembly, the manufacturer can be held liable for any injuries that result under the concept of products liability.2
Gym owner – If the equipment was in good condition when it was purchased but then malfunctions because the gym did not properly inspect, maintain, or repair the equipment, the gym would be the liable party.
When you take a class or sign up for personal training, you should be able to expect that you can rely on the professional to provide a safe program for you to follow. All staff who guide gym-goers should be properly trained and should be aware of the limitations of different individuals.
If an exercise instructor or personal trainer pushes you beyond your limits and injuries result, they may be found to be negligent. If they are employees of the gym, the gym itself may also be liable for your medical costs, lost income, and other losses.
No one wants to be injured at the gym, however, these types of injuries do occur. It is crucial to determine the exact type of negligence that caused your gym injury and who should be responsible for compensating you. At The Levin Firm in Philadelphia, a skilled personal injury lawyer can help you pursue a claim and receive the settlement or award you deserve for your injuries. Please call us at (215) 825-5183 for a free consultation as soon as possible.
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