Injured at a Gym - In a world where going to the gym is increasingly becoming a norm, getting injured while at the gym is becoming common. This situation calls for care when one is exercising at the gym. Moreover, it calls for gym-goers to ask for more space and help when exercising.
As pointed out above, injuries at the gym are increasing. Gym injuries range from minor to major injuries. The increasing injuries stem from the fact that gym spaces may not be adequate, gym-goers using outdated gym equipment, gym-goers lifting more weights than they should, exercising more extended periods, and adopting dangerous training regimes.
Many things go through the mind when one is a victim of a gym accident. The things that go through their minds include whether the gyms and their rights shall compensate them. With these thoughts, injured victims start thinking about whether they can file a successful claim against the gyms.
In this blog, we shall look into the various factors affecting your decision to sue or not to sue a gym facility following your injury at the gym.
A liability waiver is a legal document signed by a party indicating that they are waiving liability from another party. It has been common practice that gym facilities ensure their members sign liability waivers before joining their gyms. When this happens, and the member signs the liability waivers, the member technically waives their right to sue if injured at the gym facility.
Once one has signed a liability waiver, it is natural that they may conclude that they have waived away their right to sue the gym. While this is true for ordinary negligence claims against the gym, the gym shall not be protected by liability waivers regarding gross negligence. Gross negligence comes about when a party with a legal duty of care to another party recklessly disregards the safety of other people.
It follows from the above that it becomes vital that one conclusively understands the provisions of liability waivers before signing them. By signing the various liability waivers, you accept their terms and conditions. The gym facility shall produce the duly signed liability waivers in their defense should you decide to lodge a suit against them.
Therefore, for the liability waiver forms, you must ask the gym facility as many questions as possible about the provisions of the documents. It would be best to ask for more time to study it before signing it. It is important to note that you should consult an experienced personal injury lawyer about the provisions before you append your signature to it.
The law in California is conclusive in its requirements that liability waivers must at all times have the following characteristics:
It is therefore expected, though not legally required, that the gym facilities engage the services of experienced personal injury attorneys when drafting the liability waivers.
Upon reviewing and signing the liability waiver, please note to retain a copy to refer to it should you suffer an injury. Furthermore, the document shall be a necessary piece of evidence when prosecuting your claim, as you shall be pointing out the limitations of the waiver. Moreover, you can challenge the applicability of the liability waiver if it becomes clear that the same did not meet the required legal expectations.
Like in all accidents, liabilities arising from a gym accident can be apportioned to the parties. Apportionment of liability principally depends on the level of contribution of both parties. If you participated actively in bringing about your injury, the court shall apportion you a certain percentage of the liability. This situation is the principle of comparative negligence, where the parties' negligence must be considered.
In Comparative negligence, If the court determines that you had a 30% contribution in the accident, you shall be entitled to 70% damages issued by the court.
The gym facility shall look at all available avenues when defending itself from your claim. One of the avenues is the principle of comparative negligence, as enumerated above, as well as the doctrine of assumption of risk.
Under the principle of assumption of risk, the gyms shall argue that you assumed all the possible dangers when you entered the gym and started using its facilities. If they successfully argue this position, your claim against them may fail. There are two types of assumptions of risks. They are:
We shall look into the two types of hazards.
It is a type of risk that a party accepts through its conduct. An implied assumption of risk shall arise when one is informed about the limitations of a particular instrument but chooses to continue using such an instrument. When this happens, the person who willingly proceeded to use the faulty gym equipment shall not be successful when lodging any claim against the gym following an accident from using the defective equipment. The rationale for this is that you willingly assumed and elected to bear the consequences of your choices.
Unlike implied assumption of risk, express assumption of risk happens when a gym goer elects to accept the risks associated with using specific gym equipment of the entire facility verbally or through a written document. An example of an express assumption of risk shall include a situation in which one has willingly informed the facility, either verbally or in writing, that they understand the processes through which they can use gym equipment and that they do not require any help with it and are aware of the fact that improper use of the equipment may bring about injury. When damage occurs after this expressed assumption of risk, the injured victim's claim shall not be successful.
More than one party may be liable for the injury you suffer at the gym. The parties responsible for the accident include the following:
We shall look into how they are responsible in the following paragraphs:
A gym facility has to ensure the gym environment is in optimum condition. They must ensure that the gym facility has sufficient light, that there is adequate space to go about the exercises, that the gym equipment is usable and in good condition, the instruments and dangerous places if they are not in optimum condition, and any other factor that should be taken into consideration when using the facility. If they fail to provide the above information and conditions, the gym facility shall be liable for the loss/injury you suffer.
Exercise equipment at the gym must be in optimum condition so that gym injuries can be avoided. Faulty equipment can lead to severe injuries. The law expects the manufacturers of various gym equipment to manufacture usable equipment. The manufacturers must adhere to multiple regulations when manufacturing different equipment. If they fail to adhere to the rules and you suffer injury, they shall be liable to compensate you for the same.
Suppose you are assigned a personal trainer who directs you to do a particular exercise or to use a specific piece of equipment while knowing that the same can result in an injury. In that case, they shall be liable for your injuries, and any legal action against them shall be successful.
While using the gym, every user has to be conscious that other people are using the gym. Everyone must be reasonable at the gym. If a user is reckless in using the facility and you suffer an injury, they shall be liable to compensate you for the same.
A personal injury attorney will review the facts of your gym injury to determine who may be liable and who you can sue for damages. The lawyer shall also help you put together medical bills and other pieces of evidence that would support you as you seek compensation.
LA Injury Group is near you and ready to help you recover compensation in any gym accident case you may want to pursue in Los Angeles. We do this by tapping into our in-depth experience handling personal injury law cases. We shall assist you by ensuring that we put together sufficient evidence to guarantee you the best chance of compensation.
We have the required skills and experience in dealing with gym accidents. After reaching out to us, we shall schedule an initial consultation with you to review the facts of the case. During the initial consultation of your personal injury case, we shall go through the circumstances of your gym accident claim, its strengths and weaknesses, the legal process, and what you should expect moving forward. We shall look at the best figure/the bottom line of the negotiations and adequately guide you through the same. We shall also address any questions that you may have concerning your case.
LA Injury Group's personal injury lawyers realize how difficult insurance claims negotiations can be. With this in mind, LA Injury Group assists personal injury victims in negotiating a perfect settlement and reviewing the offer. We shall take charge of the situation and help you attain the best possible outcome for your case.
Do not delay contacting us if you or a loved one is a victim of a gym accident.
At LA Injury Group, we offer a free case examination to enable you to decide the best way forward.
Do not hesitate to contact our able Firm of Attorneys, and we shall passionately pursue your personal injury cases.