Can I Sue a Gym if I Get Hurt While Working Out?
Working out can be a great way to stay in shape. It’s also an awesome stress reliever. Millions of people leave work every day and head to the gym for their daily workout. Whether they take a spin class or lift weights, they usually do it at a gym.
Very few of us can afford a gym in our house. Most of us just join the local gym. We pay our monthly dues. We may even hire one of their personal trainers to design a fitness regimen for us.
The last thing we think about when it comes to working out is getting hurt. Sure, we hear our trainer tell us to be careful when using the machines. We see the warnings on the machines telling us what can happen if we don’t use them right. But, what if we follow all of the rules and still get hurt?
Gym injuries happen all the time. You may lift a little too much. Or maybe you get injured on a piece of equipment. It seems like the gym should be liable for our injuries, right? Well, sometimes yes and sometimes no. It really depends on the type of injury and how we got hurt.
When Would a Gym Be Liable for Our Damages?
If you get hurt at the gym, the first thing you need to do is call for medical attention. The second thing you need to do is let the gym staff know. You’ll need to complete an accident or incident form. The gym may even have a policy saying you need to be taken directly to the hospital.
If you can, take pictures of the machine that caused your injuries. They can take pictures of your injuries at the hospital. You want to document what happened as best you can.
For some injuries, you’ll have a hard time holding the gym liable. This is because your gym contract releases the gym from liability for certain accidents. Some injuries the gym may not be held responsible for include:
- Muscle cramps
- Muscle strains from lifting too much weight
- Injuries from using the machines improperly
There are other injuries, however, that the gym should be considered liable for. These include:
- Slips and falls
- Equipment malfunctions
- Cuts and lacerations from sharp equipment
- Pool accidents
- Improperly trained staff
You really want to contact a personal injury attorney in Crestview right away. He can review the contract you signed with the gym to see if they may be liable for your injuries.
The Gym May Have Certain Defenses to Liability
Any personal injury case you may have against the gym will probably fall under negligence. This means the gym can fall back on traditional defenses to negligence. Some of the more common defenses are:
- Assumption of Risk – When you joined the gym, you probably signed a membership agreement. This agreement specifically states that the gym is not liable for certain injuries. By engaging in exercise, you should know that there are certain risks involved. Keep in mind, the courts hate this defense. It is rarely successful. However, in cases where you signed a waiver of liability, it may have a little more punch.
- Comparative Negligence – The defendant may say you were more at fault than they were. If, for example, the staff has warned you many times that you’re not using the equipment correctly, they may say it’s your own fault you got hurt. Or, let’s say you get hurt diving into the gym pool and hit your head. The gym probably has signs posted saying there is no diving allowed. They will claim that it’s your own fault you got hurt.
If the defendant raises either of these defenses, your Crestview personal injury lawyer will do his best to overcome them. It really depends on the circumstances of your case.
Contact an Attorney to Handle Your Crestview Personal Injury Claim
If you’ve been injured at the gym, you need to contact a Crestview personal injury lawyer. He can review your case and file a claim against the gym. Keep in mind, there is never a guarantee that a lawyer will take your case. He will look at the following:
- Were you hurt?
- Did you suffer actual damages?
- Is your case within the statute of limitations?
- Did you have a pre-existing condition?
- Was the defendant at fault?
Call and schedule your initial consultation today. It is free and it gives you a chance to meet with an experienced personal injury attorney.