Many people who want to improve their fitness join gyms and health clubs that offer training programs and workout equipment. However, in some cases being at the gym could lead to a deterioration in health rather than improvement—that is, in the unfortunate case of an injury at the gym. Sometimes, it is a simple accident that only has bad luck to blame, but in certain cases, there are others that need to be held responsible for their negligence in ensuring that your experience at the gym is as safe as possible. The first step to gaining compensation for someone else’s negligence is considering and recognizing where the liability lies. Here are the most common cases of negligence in gym injury claims:
Defective Machines
If a workout machine malfunctions and results in the injury of the user, there are many places to look for liability. If the machine was poorly designed or put together, fault can be placed with the manufacturer for failing to conform to proper testing and taking the right measures to make sure that their products are safe. If the machine was simply damaged or too old to work properly (but not a design or manufacturing flaw), it could be the gym’s fault for failing to maintain their machines and make sure that they are safe for their members to use. However, if the machine was improperly programmed, set, or used by the member, the liability will lie with him or her.
Incompetent Personnel
If the injury resulted from the negligence or poor performance of one of the employees, fault may be placed with either the employee or the gym for hiring him or her. The gym is responsible if the employee was not sufficiently trained or supervised, or if the employee was clearly unqualified but hired anyways. The employee is responsible if his or her job is not done correctly. In gym injury cases, this commonly involves personal trainers who do not meet a reasonable standard of care in creating a regimen for the member. If they ask you to do something that any professional trainer would recognize you were not capable of performing, whether it is because of a poor evaluation or negligent attention, the liability for your injury lies with them. However, if you do something outside of the trainer’s control that results in an injury during your workout, you are responsible for it.
Slip and Fall
Like any other building, gyms are responsible for cleaning up or closing off areas of hazardous conditions, such as wet floors caused by weather or leakages, uneven flooring, or other obviously dangerous situations that could cause slips, falls, trips or other injuries to their members. Many people in the past have slipped in the pool areas of gyms that were not well maintained.
Many gyms require members to sign a waiver before joining and entering, and they will try to use that as a way to get out of liability in the case of an injury. However, these documents do not waive the law. A capable personal injury lawyer will be able to expertly understand the situation and maneuver through the system to bring you the compensation you deserve.
Olivia Lin writes for The Law Offices of W.T. Johnson, a personal injury law firm in Dallas, Texas, with years of experience in winning gym and health club injury cases. She enjoys working out and being conscious of her health, spending much of her weekday free time at the gym.
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