Regularly visiting the gym can be fun and healthy. However, you are aware of the risks that you are taking whenever you use the premises of a gym and work out. When you join the gym, you will most likely sign a membership agreement that does have its own warnings.
These waivers are basically saying you are using the equipment at your own risk, and that the gym and its owners and operators are not liable for any accidents that you may have while on the property. These waivers do not apply to the acts of negligence of the gym or its employees.
Just like any other businesses or property owners, the gym can be held liable if the injuries and damages are a direct result of the negligence of the business or its employees.
Gym accidents are not the same as a slip and fall. For example, if you overextend your back while working out, it is not the same as slipping and falling because the property wasn't cleaned or maintained as it should have been. For example, if you are injured while lifting weights, then that is a gym injury.
If you are entering the gym and you slip and fall on accumulated snow and ice, then it is a slip and fall and premises liability may come into play. You may be able to pursue a personal injury claim against L.A. Fitness, or any other party, for failing to keep the premises safe for visitors while the facility is open for business.
It’s not fair if you find you have to pay for injuries that have happened at a fitness center or health club when the injuries were not your fault. Unexpected injuries may need extensive medical treatment and you may not be able to return to work quickly.
This will have a severe negative impact on your personal finances. If you can prove that negligence caused your injury, a personal injury lawsuit against the fitness center may resolve this undesirable financial burden.
Potential Dangers in a Fitness Club or Gym
Any fitness center or health club could be dangerous if safety standards are not adhered to. Some of the fitness center dangers that may be present include the following:
- Worn floor surfaces that have become dangerously slippery;
- Weights that come off the ends of the bar when picked up because they are not secured properly;
- Mats that slip when stepped on unexpectedly;
- Exercise bars and beams that snap when weight is applied to them;
- Faulty fitness equipment that has not been checked thoroughly;
- Spillages from drinks brought into the fitness area.
Gathering Documentation and Evidence
Just like any personal injury claim, you will need to gather supporting documentation and evidence after a slip and fall at a gym. If you are physically able to do so, get photos of the accident scene after your slip and fall.
Ask witnesses to provide you with written statements and be sure to check the area to see if your accident could have been caught by a surveillance camera. If it is in line with a camera, your personal injury lawyer can petition the court to have the video subpoenaed as evidence that can be helpful to your claim.
Other evidence that can be helpful to your claim includes medical bills, medical records, proof of missed work and lost wages, photos of the visible injuries, and any other documentation that details the extent of your injuries and how you are affected by them.
Also, you will want to claim any future medical expenses that are required by your injuries and any future lost wages that are caused by the injuries suffered during the slip and fall at the gym.
How Premises Liability Comes Into Play
When a gym is open for business, they are basically telling you the area is clean and free from messes and that it has been well-maintained. While you can be injured participating in sports and working out, they are telling you that the premises are safe and free from risks.
When you sign up for gym membership, you are signing a liability waiver. In this contract, you are giving up a lot of your rights. This means that you are entering and using the premises at your own risk and that you understand there are dangers at a gym.
But, this does not give the gym and its staff the right to act negligently.
When you join any membership gym club, you sign a contract.
While you waive a lot of your rights when you sign the gym membership agreement, you are not allowing the facility to act negligently. Instead, they still owe you a duty and must keep the premises safe and free from dangers.
Because of the complexity of such agreements, you will need a personal injury lawyer to represent you in your case against your former gym. While suing a gym is not impossible, it can be very challenging and legal counsel may help.
Proving Negligence
If you can prove that your slip and fall was a direct result of negligence, you can have a successful personal injury claim. There are four elements of negligence and you must show that all four elements of negligence have been met. Here is how that could be done in a slip and fall at a gym.
First you must show that the fitness club owes you a duty or a responsibility. In this case, they owe every customer or visitor a duty or responsibility to keep the premises safe so you don’t suffer an injury. This means keeping the facilities clean and free from risks and making sure the grounds are properly maintained.
Next, you must show the duty was breached In this case, they didn’t mop up water that was spilled near the entrance and they didn’t post a wet floor sign. Because you were not aware of the risks, you slipped and fell.
Now you must show that you slipped and fell because of the water on the floor. The pooled water made the foyer slippery.
Next you must prove your injuries, such as a broken wrist, was a direct result of the slip and fall on the water that they failed to clean up off the floor.
You must provide supporting documentation that indicates your injuries were caused by the slip and fall, such as medical bills, medical records, photos of the accident scene, and witness statements.
Lawsuits Against a Fitness Center May be Justified
Occasionally, a fitness center may not maintain the level of security that its members expect. This may be due to lax management, staff who have been insufficiently trained or staff who are not carrying out their job in a satisfactory way, thereby endangering users of the center.
A possible scenario is when a mat that is used for exercises slips when a member steps on it. The mat should be securely fastened to the floor, but this mat may have come off. If the staff at the center had already taken note of the loose mat but had failed to do anything about it, this might constitute grounds for a personal injury lawsuit against the center.
The accident must involve an injury or injuries and proof must be available that shows a relationship between staff negligence and the specific accident.
Why You Might Need a Personal Injury Attorney After an Accident at a Fitness Center
If you try to take on a powerful organization, facing their legal team and insurance company can be a very challenging experience. They are going to do whatever they can to get out of paying you compensation for your injuries.
This is where an experienced personal injury attorney can help. An attorney who has dealt with slip and fall accident claims before will be able to assess your accident, the circumstances that caused it, and whether you might be eligible for compensation for pain and suffering. Don’t wait; there is often a statute of limitations for personal injury claims.
*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 L.A. Fitness, or any other party, you may not be entitled to any compensation.
