On behalf of Smiley & Smiley, LLP posted in Premises Liability on Sunday, April 6, 2014.
A particularly long and cold winter is finally over. As a result, many New Yorkers are choosing to exercise outside. However, even in the warmth of spring and heat of summer, many individuals prefer the convenience, cleanliness and variety that gyms have to offer. Gyms are relatively safe spaces and you can choose to work out at gyms in any kind of weather and at any time of the day or night.
There are so many great reasons why individuals join gyms. But simply because they tend to be convenient, clean and safe does not mean that they are always these things. In fact, individuals get injured at the gym regularly. Sometimes patrons fail to stretch or they use machines incorrectly. Other times, individuals are hurt as a result of personal trainer negligence, unsafe conditions and other hazards that may be present at even the most upscale gyms.
Not every injury sustained at the gym constitutes harm that you can sue the gym or your personal trainer over. However, some injuries resulting from negligence on the part of a gym’s ownership and/or employees can be grounds for a personal injury suit. Even when a signed gym waiver indicates that you cannot sue the gym or its employees, there are times when you can recover damages in spite of such waivers.
Each injury is unique. As a result, it is a good idea to speak with an attorney who has experience with gym injury and personal trainer negligence cases. He or she will be able to explain how your unique situation may or may not be grounds for a personal injury suit.
Source: Findlaw Injured, “If You're Injured at the Gym, Can You Sue?” Jenny Tsay, April 1, 2014
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