Who Is Liable for Injuries Sustained at a Gym?
We go to the gym to work out and stay in shape or become more fit. We all know that exercising regularly and maintaining a healthy diet can have many health benefits. However, when working out, a person can sustain serious injuries that require medical treatments, therapy, and sometimes even surgery. That risk is even greater if the gym is poorly maintained.
So, if you are working out at a gym and get injured, who is liable for your injuries? It all depends on the circumstances of the accident, but in some situations, it could be the gym and their insurance company that are responsible for your medical expenses.
Can I Still Sue for Damages If I Signed a Liability Waiver?
Almost all gyms require members to sign a waiver or release of liability as a part of their membership contract. Because there are different types of releases and waivers, it is important to have an attorney experienced in personal injuries review the language in your contract if you have been injured in a gym accident.
Gyms will always try to protect themselves from lawsuits by obtaining these waivers, but if the language is written overly broad, it may not be enforceable. This means that although you signed a release, you could still be entitled to receive damages by filing a personal injury claim.
Gyms Have an Obligation to Prevent Injuries
Just like other businesses in Florida, gyms also have a duty to keep their premises in a reasonably safe condition. They must inspect their locations for broken equipment and other risks and warn members of any foreseeable or known hazards. For example:
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Are instructions posted for safe use of equipment? Is there a sign explaining how to properly use the equipment?
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Was a piece of gym equipment broken and left unrepaired for a long period of time? Was a sign posted warning that it was broken?
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Was a recalled piece of equipment still being used by members resulting in a serious injury?
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Were free weights stored and stacked in a manner that made them more likely to fall over and cause an injury?
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Did water get spilled on the floor creating a slip and fall accident, and workers failed to clean it up quickly?
All of these things, and more, will be examined and taken into consideration when an injury occurs to determine if the injured person has a premises liability claim. Most gyms have liability insurance coverage that will provide compensation for injuries that are suffered at the business.
Contact a Florida Premises Liability Attorney Today
If you or your loved one has been seriously injured while working out at a gym and it was due to the negligence of the facility, you could be entitled to sue for damages for your injuries. Damages may include medical bills, loss of wages, pain and suffering, and much more. Contact the Florida attorneys at Leifer & Ramirez and let us help you ensure that you get the compensation that you are entitled to.
Resource:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/0768PARTIContentsIndex.html
