People visit fitness centers to keep fit and healthy and as a leisure pursuit. They don’t expect to end up in the hospital. Unfortunately, some kinds of accidents are more likely to happen when places are not looked after very well.
Slip and fall accidents do happen, even if they are rarely mentioned in the media. These unexpected accidents can prove to be very expensive. If the accident can be proved to be the result of negligence, then it may be possible to file a personal injury lawsuit against the fitness center to recover the full cost of the accident.
Slip and Fall Accidents
Those who want to stay healthy and fit often benefit from joining a fitness center. Of course, there are risks with working out, so some injuries could be your fault for not properly warming up or overdoing it. But, the gym has a responsibility to maintain its premises and its equipment so you can safely workout and enjoy the gym.
While there is a release of liability included in the membership contract at a gym, it does not relieve the facility from all liability and does not exempt the facility from acts of negligence. For example, the contract indicates that using the sauna, pool, whirlpool, or steam room are at your own risk. However, an Arizona man was using the steam room at the Tempe, Arizona, location when he slipped and fell because an unsecured floor mat slipped out from under him.
The plaintiff suffered injuries to his hands, feet, tailbone, and wrists. The Plaintiff and his wife filed a personal injury claim against the gym for the accident and asked for damages. However, the claim was dismissed because the clause had indicated using the steam room was at the user’s own risk and that they were not liable for the damages he suffered in the slip and fall.
A Texas man is seeking $500,000 in damages from the gym for a slip and fall at the West Houston location. He slipped and fell on a freshly mopped floor in the facility. He said there were no signs to warn visitors that the floor was wet. The company that provides janitorial services for that location has been named co-defendant.
Slip and Fall Dangers That Could Occur
There are quite a large number of possible accidents that could happen in a fitness center that are not your fault, but are due to the way the center is run. These include:
- Falling over when using faulty or badly maintained fitness equipment
- Tripping over because the lighting is inadequate or not working in one part of the center
- Slipping on snow or ice that hadn’t been cleared at the center's entrance way
- Slipping on spilled drinks or food at the center's café
- Slipping on a wet floor surface that has been cleaned but has no warning notice posted
- Tripping over a poorly fitting mat, carpet, or rug on the floor of the fitness center.
Lawsuits Against a Fitness Center
A fitness center member may decide to file a personal injury lawsuit against the management of a fitness center if they suffer an accident that is a direct result of:
- Poor maintenance
- Faulty equipment
- Other forms of avoidable negligence at the center
For instance, if a mat at the center slips suddenly when a member steps on it and the person slips over and badly injures their back, this may be grounds for a lawsuit.
Gym Cases are Hard to Win
For a successful claim against 24 Hour Fitness or any gym, you must prove negligence. Your personal injury lawyer will be able to help you build your claim and show that negligence led to your injuries. Gym cases are challenging, and you will need an experienced professional injury lawyer representing you in your case.
When you sign up for a gym membership, you must sign a contract that includes liability waivers. These waivers indicate that you understand you are using the facilities at your own risk. So, this relieves the gym from a lot of responsibility. To have any success with a claim after a slip and fall at a gym, you will need to prove without a doubt that the gym was at fault. This could be wet floor that doesn’t have a warning sign or damages that should have been repaired, such as loose tiles. An accident injury lawyer understands the process and will work to ensure all four elements of negligence are clearly proven through the claim documentation and evidence.
How Much Is Your Claim Worth?
There are several factors that affect the value of your claim. First off, the extent of your injuries, their severity and how they will affect you long-term all affect the value of your claim and how much you can receive as a settlement or judgment. Of course, the more severe your injury, the more your medical bills will add up to be. The more your medical bills, the more you could be compensated.
Medical expenses include all your medical bills - physician visits, surgeries, prescriptions, medical devices, hospital bills, lab and x-ray costs, and so forth. You will also need to document any missed work and lost wages. Those costs add up fast and will affect the value of your claim. For example, a broken bone will be worth more than a sprain, and a back injury that requires surgery will have a larger settlement than a broken ankle that doesn’t need surgical intervention.
All of your damages will be itemized, but the overall claim value will hinge on medical bills, lost wages, future medical expenses, and future loss of earnings. An accident injury lawyer will be able to help determine the value of your personal injury claim based on the details surrounding your specific case and accident.
How To Prove Negligence
You must show all four elements of negligence for a successful personal injury claim against a gym or any other entity. Those four elements of negligence include:
- Showing the gym owed you a duty.
- Showing that duty was breached.
- Showing the breach of duty caused your accident.
- Prove your damages were directly from that accident.
After you have shown negligence was the cause of your accident, you will have to show the value of your claim. This can be done by showing your medical expenses, proof of lost wages, and proof of any future medical care that you may need and any future loss of earnings you may incur because of the injuries suffered in the slip and fall.
When You Need a Personal Injury Attorney
Personal injury attorneys specialize in helping people like you if you are the victim of negligence in a fitness center and you are needlessly injured. An attempt to negotiate directly with the fitness center management or staff or the insurance company that represents them can be very difficult if you try this all by yourself.
An attorney will assess your chances of success and negotiate a personal injury claim persuasively on your behalf. Your lawyer is most likely in the best position to get you the compensation you deserve.
Make sure you have a personal injury lawyer representing you throughout the claims process. If you slipped and fell at 24 Hour Fitness or any other gym, schedule a free case review today. Personal injury lawyers work on a contingency basis, so your lawyer isn’t paid until you win your accident injury claim. Time is of the essence so schedule your free case review today.
*Disclaimer : The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against 24 Hour Fitness, or any other party, you may not be entitled to any compensation.
Sources taken from leagle.com/decision/infdco20130315e68 and setexasrecord.com/stories/511717966-man-brings-500k-slip-and-fall-suit-against-24-hour-fitness
