Part of living in the world means acknowledging that there will be risks. For example, whenever you leave your house, you’re at risk of having an accident. Sometimes it’s your fault and you learn to be more careful. But other times, it isn’t, and occasionally, another person’s negligence can have horrific consequences.
If you slip and fall over in your local gym or any other fitness center and believe that you were not to blame, you should consider taking legal action. Serious and unexpected injuries can be a severe financial burden. However, a successful personal injury claim can help you to recover the cost of these injuries and put you back on a path of stability.
Potential Dangers in a Gym
Any fitness center potentially has a number of dangers that could cause slip and fall accidents. Some of these are listed below. Serious injuries are possible if these dangers have not been identified and minimized by fitness center staff.
- Loose equipment;
- Faulty equipment;
- Infrastructure that has not been maintained properly;
- Wet floors after cleaning schedule without a warning notice erected;
- Torn or poorly fitting mats;
- Slippery floors due to spilled drinks or food;
- Obstacles left outside the entrance, which could create a trip hazard.
Slip and Falls at the Gym
Those who want to stay fit and healthy often join a gym. Gym membership is an affordable approach at having access to the equipment and facilities of a well-equipped workout center.
When you join a gym, you must sign a contract. These contracts usually contain liability waivers indicating that you are using the facilities at your own risk, but that doesn't excuse the gym from liability because of their negligence.
If you are a member of a gym and you were injured in a slip and fall caused by the negligence of gym employees, you can pursue a personal injury claim against the gym to recoup compensation for the damages you suffered because of a preventable accident. You must maintain supporting documentation and evidence to show that your injuries were a direct result of a slip and fall caused by negligence and not by a gym injury.
When you work out and partake of gym activities, such as using stationary bicycles, run on treadmills, or lift weights, you are willingly putting yourself at risk. You are aware of the risks of those activities, and if you are injured while participating in those activities then the gym is not liable. The only way there would be any liability would be if the equipment was faulty, or if the gym did not have it properly placed or installed which led to hazards.
You can pursue a claim against the gym if they did not follow through with their responsibilities and do everything they could to maintain the facilities and to protect you and other customers from being hurt while on the premises. If you can show that the injury was the direct result of negligence that led to your slip and fall, you can make the gym pay for your losses of both an economic and non-economic nature. Maintain evidence and thorough documentation to support your claim and to show what ensued.
What Does it Mean to be Negligent?
There are four elements of negligence. When you file a personal injury claim, you must prove all four elements of negligence have been met. The four elements of negligence include proving the gym owes you a duty or has a responsibility to protect you from harm or act in a certain way, show that duty was breached, show that breach of duty caused your accident, and then show the accident caused the injuries and damages that you suffered.
As an example, your local gym must keep the premises clean and free from risks. Next, show the duty was breached - that they failed to clean the floor or do the repairs. Third show that you slipped and fell because of the duty being breached.
Then last, show that you suffered damages because of the slip and fall. When you prove all these things, then you can have a successful personal injury claim.
Ways to Suffer Injuries at the Gym
There are many ways that you can suffer from a slip and fall at the gym. Here are some examples of ways you could suffer an injury:
Gym floor - You go to the gym and the floor has a spill, so you slip and fall. The spill should have been cleaned up, and because it wasn't, it caused you to slip and fall.
Sauna - You were going into the sauna, and you slipped and fell because of a mat that wasn't properly attached to the floor or skid free.
Pool - You slipped and fell because of the area around the pool being slippery, but it should have been cleaned and mopped up so it was safe.
If you were injured in a slip and fall, you should enlist the help of a personal injury lawyer to pursue a claim against the gym so you can recover compensation for your damages. A visitor to a gym in Illinois slipped and fell in the pool area, the gym said they weren't liable and the customer should be aware of water being on the tile near the pool, but the patron alleges the fall could have been avoided. Because the gym denied the claim, the case in which the plaintiff was asking for $50,000 advanced to federal court.
Slip and Fall vs. Gym Injury
While there are expected risks that those using a gym can expect, there are also responsibilities that the gym has to its patrons. The gym must be properly maintained, meaning any messes or spills should be cleaned up and any damages or problems should be repaired promptly.
As previously mentioned, if you were injured during a workout, then that is a gym injury. If you slip and fall because there is ice on the sidewalk that should have been removed, that is a slip and fall and premises liability may come into play.
While using the gym and its facilities are at your own risk, the owners, operators, and staff have a responsibility to ensure your safety. That means all equipment should be properly installed and assembled.
All floors should be clean and the facilities should be properly maintained. If you fall over cracked and broken pavement, or if you slip and fall because they mopped the floor and failed to post warnings then the gym could be held liable.
You Might Have to File a Lawsuit Against Your Gym
A personal injury claim made against a gym is an option if you have suffered any kind of serious injury while attending one of their fitness centers. This is, of course, only possible if the fault lies with one or more of the employees at the center, or the manager of the center.
A scenario that might justify legal action is when a bar on a piece of fitness apparatus breaks or collapses under strain. This is because theoretically, the accident would not have occurred if the apparatus had been properly maintained.
For example, if the faulty apparatus leads to an injury (such as a fractured skull), and it can be proven that this should not have happened if it had been repaired or maintained properly, then the injured client may have good grounds to make a claim against the fitness center.
A PI Attorney Could Help if You Are Considering Making a Claim
The state laws that determine what you are allowed to do if you have an accident on private property can be difficult to interpret. Fitness center insurers may not want to make a payment for compensation unless they have no other choice.
A personal injury attorney with experience in slip and fall accidents and related injury claims will be able to help you negotiate with the party at fault. They will bolster your chances of getting you the compensation that you need.
If you suffered injuries in a slip and fall, get your Free Case Evaluation with an accident injury lawyer in your area today. Personal injury lawyers work on a contingency basis, so you will not have to pay anything out of pocket. Instead, your lawyer will not be paid until you win your case and get a judgment or a settlement.
There is a strict time limit for pursuing a personal injury claim after a slip and fall, so get your claim on track today. Complete the Free Case Evaluation form now, so a local accident injury attorney can review the details of your case.
*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 Gold’s Gym, or any other party, you may not be entitled to any compensation.
