Gyms provide the perfect environment for training but they also create the perfect storm for personal injury accidents. There are machines and heavy equipment everywhere, most of which many people have not been trained to use appropriately. Droplets of water and sweat pool on the floor inviting slip and fall accidents. With people pushing themselves to their limits anything can happen so if something does who is responsible, you or the gym?
Signing The Waiver
Most if not all gyms require members to sign a waiver to buffer against potential personal injury lawsuits. Many of these waivers try to cover a wide variety of accidents using blanket terminology. Although you are entering into a legally binding contract when you sign this waiver the legal language used may provide the only loophole that allows you to take action against your gym. If a judge finds your accident is not covered entirely by this ambiguous language in the waiver, they may rule in your favor.
What About Negligence?
If your injury can be proven to be a result of negligence, then the gym can be held accountable. When the gym allows you on the premises, they must ensure that their space is hazard-free by keeping up with maintenance, repairs and ensuring they have appropriate staffing. Some scenarios that fall under negligence are:
- Malfunctioning equipment
- Unsanitary environment
- Incompetent staff/trainers
- Delayed emergency assistance
Even if the injury was caused by negligence in your eyes it may be difficult to prove. Evidence of negligence includes:
- Routine maintenance wasn't performed on equipment.
- Premises was not regularly cleaned and kept sanitary
- Inappropriate hiring or firing of staff members
- Lack of or improper training of staff members
- Management previously notified of hazardous conditions
- Other individuals witnessed the faulty equipment responsible for the injury
Get Legal Help
If you are in need of representation for a personal injury lawsuit look no further, Smiley & Smiley LLP has decades of experience in personal injury cases and is here to help. Contact us to schedule a consultation today.