Posted on behalf of Goldberg Finnegan, LLC on Dec 09, 2019 in Personal Injury Injuries at gyms and fitness centers can be caused by everything from doing too many repetitions of an exercise to not doing enough stretching before a workout to wet floors in the locker room. The facility could potentially be held liable for an injury if the victim or his attorney can prove those running the facility acted negligently. If you were injured at a gym or fitness center, schedule a free consultation with a licensed Silver Spring personal injury attorney at Goldberg Finnegan. We are here to help determine if you may have a case against the owner of the facility. There is no obligation after your meeting with us, so there is no risk to you.
Liability for Gym Injuries
Owners of gyms and fitness centers have a legal duty to keep their property safe for members and those doing business there. This duty requires them to inspect their facility for possible defects and hazards. Under premises liability law, the owners may be held liable for injuries caused by failing to take proper care of the facility, even if they were not aware of the dangerous condition. Property owners could be liable for damages suffered by injury victims, which could include:
- Medical expenses
- Lost wages
- Lost earning capacity
- Pain and suffering
Assumption of Risk
Gym owners may attempt to avoid liability by using an assumption of risk defense – you assumed the risk of suffering an injury by using the facility. Gym injuries are quite common, so the owner may argue you should have been aware of the risks when you decided to start working out there.
This defense may hold up if the owner can show you were aware of the hazard or condition that caused you to suffer an injury. If there were signs warning of the risk of using a machine, the owner may be able to prove you were aware of the risk or you should have been. The owner of the facility may also claim there was an implied assumption of the risk because you were at the facility.
Did You Sign a Liability Waiver?
Many gyms and fitness centers require members and guests to sign a liability waiver before they can use the premises. These documents protect these facilities from being held liable for injuries to members and guests. However, these waivers may not always be enforceable because of how broad they may be. For example, if you were injured because of the intentional or reckless behavior of the owner or an employee, you may still be able to file a personal injury claim.
Causes and Types of Gym Injuries
Common gym injuries include the following:
- Pulled muscles
- Soft-tissue injuries
- Back injuries
- Neck injuries
- Shoulder injuries
- Crushed fingers
- Fractures
- Sprains
- Groin pulls
- Cardiac events
Common causes of gym injuries include:
- Overexertion
- Slippery floors
- Broken glass
- Falling free weights
- Faulty exercise equipment
- Improperly-maintained equipment
- Poorly-maintained facilities
If you think your accident could have been prevented by the facility, you may have grounds for filing an injury claim. This is something you should consider talking about with a licensed attorney.
Contact a Lawyer to Learn More
If you signed a liability waiver before suffering an injury at a gym, you should review the situation with an experienced personal injury lawyer. The personal injury team at Goldberg Finnegan may be able to pursue compensation for your damages. We charge no upfront fees and only receive payment for our services if we help you recover compensation for your claim, so there is no risk in scheduling your free case review.