Accidents at the gym are relatively common. When an injury results in the need for medical care and time off from work, there is a possibility that the gym could be held responsible for the injury. If you suffered an injury at the gym, here is what you need to know.
Did You Sign a Waiver?
Chances are, when you joined the gym, you signed a waiver that released it from any liability if you are injured. Although the waiver does offer some protection for the gym, there is still a possibility that you could take action. Whether or not you can depends largely on the type of waiver you signed.
For instance, a total waiver of liability might sound challenging to overcome, but it is possible. The waiver does state that the gym is not responsible for any injuries that result in its building, but due to the broadness of the language, some courts do allow lawsuits to move forward.
A waiver of liability for intentional acts is also difficult for a gym to convince a court to enforce. The waiver would allow employees or other members to intentionally hurt you without the gym facing any liability. The court will likely view this as harmful to public policy and will allow you to take legal action against the gym.
What Can You Do?
Before taking action, you and your personal injury lawyer need to review your contract to determine whether or not filing a lawsuit is possible. Your lawyer knows the state's laws and can evaluate the contract with the knowledge of what happened in your case.
If you there is language in the contract that allows for a lawsuit or that can be challenged, you still have to ensure your case meets the requirements of a personal injury case. You have to prove that the gym had a responsibility to provide a safe environment and that it failed to do so.
For instance, if you were hurt after using equipment that was defective, you can argue that the gym did not inspect and repair its equipment within a reasonable period of time.
You will also need to prove that you were injured. Having an accident in the gym is not enough. There has to be an injury, such as a broken hand, that you can directly tie to the accident.
Your personal injury lawyer will decide what else you need to prove to win your case. Click here for more info.