You go to your local gym or fitness center because you want to stay active and keep in shape. When you go to the gym, you expect to work hard and maybe even feel sore the next day. However, one thing you do not expect is to be injured. Whether it is a faulty treadmill that causes you to fall or a free weight that fell from a rack because it was not secured properly, injuries do happen at gyms around the country. Most of these injuries fall under the theory of premises liability. In this case, the owner, operator, or staff of that gym could be liable for your injuries and responsible for paying you compensation.
Owner and Operator Liability
Owners and operators of gyms and fitness centers are required to provide you with a safe environment. Under premises liability, they must prevent any foreseeable injuries from easily corrected hazards. This includes, but is not limited to:
- Maintaining equipment
- Securing objects
- Cleaning up spills in locker rooms
- Ensuring security
- Avoiding clutter
If you are injured because a gym’s owner or manager fails to do the any of the above, you must speak with an injury attorney as quickly as possible. Holding gymnasiums accountable for their negligence is not always easy, but it can be easier with an advocate.
What About Liability Waivers?
To stop the rising trend of lawsuits and claims, more gyms are implementing the use of liability waivers. These waivers mean that you are signing away your right to hold the gym or their owners legally accountable for any injuries. The waivers are legal contracts and binding. While there are instances where the courts could set aside the contract, in many cases the courts uphold the liability waiver. Before signing a liability waiver, read it carefully and see what you are giving up. Most waivers will state that to use their equipment and facilities, you agree not to hold the company liable for any damages that arise from personal injuries – including wrongful death. Sadly, if the defective equipment is present at the gym and you are injured, you may be unable to sue that gym. However, that does not mean you cannot hold the manufacturer of the defective equipment liable for your injuries.
Liability Waivers are Not Always Ironclad
While these waivers primarily state you cannot hold the gym responsible, do not assume that yours is ironclad. Instead, have an injury attorney review the waiver to see the extent of what you have given away.
Injured in a Gym? Speak with a Premises Liability Attorney
Liability waiver or not, you have rights. Therefore, it is best to speak with an injury attorney the moment you are injured. An attorney can review the waiver you have signed, and explore options for compensation. You may qualify for compensation for your medical costs, lost wages, and your pain and suffering. Don’t shoulder that financial burden alone. Instead, contact the attorneys at Jacobs Law, LLC by calling our office or by connecting with a professional online.