Posted on: 7 September 2019
It's easy to imagine an injury while trying to get fit. Muscle pulls, strains, falls, and other physical maladies can strike athletes of all levels at any time. Unfortunately, those trying to improve their health by working out can also fall victim to work out conditions in their local fitness facility as well. Some of those injuries might be due to the negligence of the facility and you might be entitled to be paid monetary compensation. To find out more read on.
Releases May Not Mean Anything
You may vaguely recall signing some forms when you joined the fitness facility. These are usually boilerplate forms releasing the gym from taking responsibility for any injuries that might occur. Depending on how these releases are worded, they have little to no meaning. A full release that attempts to resolve the management from any and all liability for what goes on at the facility will be interpreted by the law as being too broad. All businesses (and people) owe others a duty of care. This legal definition just means that everything possible must be done to ensure that the workout spaces are free from hazards.
One type of release that might hold up, however, is that which is limited to the actions of the customer. If a gym user disobeys the rules or is hurt through no fault of the gym, the hurt client cannot sue the gym. For example, wet areas are known to be slippery and running or going barefoot near the pools or hot tubs are usually prohibited by the rules. If you are harmed due to your own actions, you likely won't have a case against the facility.
When the Facility is Negligent
No waiver protects a business if they are found to be negligent in their duty to protect patrons from harm. That means creating and maintaining a safe work-out atmosphere and warning patrons of potential problem areas. Take some of the following forms of gym negligence:
- Failure to warn of wet floors. While most facilities do a good job of drying wet floors or using cones to warn patrons, you might encounter a wet spot unexpectedly and get injured when you slip and fall. For example, a leak from the ceiling in the changing room might create an unexpected puddle near the lockers.
- Parking and entrance issues like water, ice, snow, poor lighting, and more can harm patrons.
- Failing to maintain work-out equipment could cause a serious injury.
- Many businesses now have external defibrillators on hand for heart attacks and gyms are prime locations for this sort of thing to occur. You might have a cause of action if your gym failed to provide that necessary piece of safety equipment.
The above is only a small sampling of problems in work out facilities. If you have been injured at your local fitness mecca, speak to a personal injury lawyer at once.Share