If you’ve ever been to a busy gym, then you’ve probably witnessed an overly eager member who’s using the exercise equipment incorrectly or pushing themselves too hard. Unfortunately, even a simple mistake can cause a serious injury while working out.
In this article, we list some of the most common causes and types of gym injuries, explore the steps you should take if you are injured at the gym and explain liability waivers and how you can overcome them.
Common Causes Of Gym Injuries
- Unsafe conditions: If the gym, its facilities and the property surrounding it, including the parking areas and sidewalks, are poorly maintained, they can lead to serious injuries. Under premises liability laws, gyms are responsible for addressing potential environmental hazards and keeping the facilities clean. You could potentially hold your gym responsible for a number of injuries, including if you were to slip and fall on wet floors or contract an infection as a result of unhygienic conditions.
- Poorly maintained or defective gym equipment: Fitness centers must ensure the safety of their members by making sure every piece of equipment is safe and functional. They should do this by performing regular maintenance on the machines and checking them for broken parts. If the gym unknowingly purchased defective machinery, the equipment manufacturers could be responsible for product liability.
- Falling free weights: Gym patrons sometimes sustain injuries when they lose grip on a weight and drop it on their foot. This most often occurs when members use exercise equipment improperly or fail to take the necessary precautions when working out.
- Overexertion: When working out, it’s important that you know your physical limitations and listen to your body. Pushing yourself too hard can lead to a myriad of injuries and medical issues, including pulling a muscle or instigating a cardiac event.
Common Types Of Fitness Center Injuries
Some of the most common types of gym injuries include:
- Cardiac events
- Shin splints
- Groin pulls
- Wrist sprains or dislocations
- Leg and knee injuries
- Shoulder injuries
- Fractured bones
- Neck and back injuries
- Soft tissue injuries
- Brain injuries
What Should You Do If You Sustain A Serious Injury?
Follow these steps if you’re injured while working out at a fitness center:
- Report your injury to a gym employee. As soon as the injury occurs, tell a member of the gym’s staff. If you can, talk to a manager directly. Make sure that you ask for the contact information for the gym’s corporate office and insurance company.
- Seek medical attention. If it’s a serious injury, have someone call you an ambulance or go to the hospital straight from the gym. It’s imperative that you get a medical evaluation as soon as you can because delaying or refusing medical attention gives insurance companies a reason to deny your personal injury claim.
- Keep detailed medical records. In order to show the severity of your injuries, you must get copies of your medical records. You should also keep copies of receipts and medical bills and ask your employer for a statement of lost wages if the injury causes you to miss work.
- Write notes. Write down everything that happens, including the names and job titles of everyone you communicated with on the gym’s staff, exactly how the injury occurred and the events that took place afterward. Additionally, you should take notes about every interaction you have with the gym management and insurance company.
- Take pictures. Take pictures and videos of the accident scene, particularly whatever caused the injury. This could include a dangerous condition, like wet floors, or defective products.
- Talk to witnesses. If anyone witnessed you get injured and can verify your story, try to talk to them and gather their contact information. Ask them if they’d be willing to write down a witness statement, including the date and their signature.
Understanding Assumption Of Risk
Gym owners often use assumption of risk as a legal defense when they’re involved in personal injury cases. Put simply, assumption of risk means that gym members know that they could get injured while engaging in physical activity, but they choose to take part anyway. This defense works because gym injuries are common, and people still get gym memberships knowing the potential risks. Assumption of risk comes in two forms:
- Express: Express assumption of risk means that the gym told you the specific risks associated with an activity and you either verbally agreed or signed a statement saying that you understood the risks and accepted the responsibility if you got hurt.
- Implied: Implied assumption of risk means that you didn’t sign an agreement, but you were aware of an activity’s dangers and willing to participate anyway. For example, implied risk occurs when you choose to use a piece of equipment even though there is a sign near it that displays warnings.
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Types Of Liability Waivers That Gyms Use
Regardless of the type of business, the law requires all organizations to prevent injuries by keeping their property, employees, customers and guests safe. Fitness centers should be actively inspecting their property for potential hazards and then fixing them as quickly as possible. If a gym owner knew or should have known about a potential danger on their property, they may be held liable for any damages that occur as a result.
Most gym owners limit their liability by requiring their members and employees to sign a liability waiver as part of their membership agreement. These documents state that the person signing understands the risks and waives their right to sue the gym if they sustain an injury. Though the general sentiment for each liability waiver is the same, there are several different variations that gyms may use, such as:
- Waiver for negligence: A waiver of negligence usually says that the gym can’t be held responsible for any injuries caused by the negligence of the gym or its employees.
- Waiver for intentional acts: These types of disclaimers try to waive a gym’s liability for any injuries that occur as a result of intentional actions from the gym owner or their employees. Some courts refuse to enforce a waiver for intentional acts because they go against public policy.
- Total waiver of liability: These disclaimers state that the gym can’t be held liable for any injury that happens on the gym’s property. Though they can serve as blanket waivers, courts sometimes decide that they are overly broad and, therefore, difficult to enforce.
How To Overcome A Waiver Of Liability
If you have a case, your personal injury attorney may be able to use a few different arguments against a signed waiver of liability, like:
- Public policy: If the court thinks that it’s in the best interest of the general public’s health and safety, it may decide not to enforce a liability waiver.
- Gross negligence: Your lawyer can argue that the court should deem the liability waiver ineffective because the gym displayed a reckless disregard for the safety and health of its clients. Gross negligence means that a gym employee, such as a personal trainer, didn’t just make a mistake, the gym knowingly and deliberately put its members in danger.
- Vague and ambiguous language: If the waiver’s wording is confusing, a personal injury lawyer can argue that it’s impossible for the average, reasonable person to understand. If the court agrees with this assessment, the waiver becomes invalid, allowing you to pursue your personal injury case.
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Contact The Florin|Roebig Personal Injury Attorneys Today
Between the medical bills, lost wages and out-of-pocket expenses, a gym injury can cause emotional, financial and physical hardship. In order to get the compensation you deserve, you need an experienced personal injury attorney that can fight for you. Florin|Roebig is a highly regarded law firm that prioritizes each client relationship. Let us fight for your personal injury lawsuit so that you can focus on recovering. Call today for a free consultation.
