Want to stay fit without getting injured… or worse, injured while losing your rights?
If you like working out, running, and lifting weights, you probably spend more time at the gym than the supermarket these days. But have you ever thought about what would happen if you got hurt at the gym? Did you know that gyms use liability waivers to try to shield themselves from lawsuits? And that those liability waivers can be effectively void?
The truth is, the vast majority of gym enthusiasts do not know their rights in a situation where they have suffered an injury in the gym. If you understand personal injury law in relation to health and fitness issues, you can start a lawsuit over a fitness-related injury.
Read on to learn more.
Table of Contents
- The Reality of Fitness Injury Statistics
- The Most Common Types of Gym Injuries and the Reasons Why They Occur
- Understanding Gym Liability
- When Waivers Can’t Save the Gym
- Premises Liability and Product Defects
- Steps to Protect Legal Rights After a Gym Injury
- Wrapping It All Up
- FAQ
The Reality of Fitness Injury Statistics
The statistics are truly eye-opening.
According to the National Safety Council, there were more than 409,000 exercise equipment-caused injuries in 2021. That’s up 8.3% from the previous year.
And it doesn’t get any better.
The problems range from strains to fractures to head injuries. But when people become victims of the gym’s negligence, they have rights. A meeting with an experienced lawyer in Calgary can help an injured party learn more about personal injury law and how it applies to health and fitness issues.
The bottom line is that fitness-related injuries are on the rise. The likelihood of a situation when an injury causes damage also grows.
The Most Common Types of Gym Injuries and the Reasons Why They Occur
Not all injuries are the same. Some of them result from human error and user negligence. But some are the result of the gym’s own negligence.
If someone gets injured at the gym, they can often file for damages and win. However, in order to be successful, they have to prove that they didn’t contribute to their own injuries. If they did, their claim might fail.
The most common injuries are:
- Sprains and strains (they account for 45% of all diagnoses in emergency departments)
- Lower back injuries (as a result of incorrect lifting)
- Shoulder injuries (due to weight machines)
- Knee injuries (due to high-impact exercise)
- Fractures (due to falling equipment)
A study also found that men were 1.7 times more likely to experience a fitness-related injury. This was attributed to higher risk-taking and higher training loads.
But who is liable?
Understanding Gym Liability
Gym liability comes down to one legal concept: negligence.
A gym has an obligation to its members to keep its premises reasonably safe. If the gym fails to do that and its customers get hurt, it might be legally responsible.
Negligence on the gym’s behalf may consist of the following:
- A failure to repair broken and faulty equipment
- A failure to warn of known hazards
- A failure to provide adequate supervision and instruction
- A failure to hire properly trained personal trainers
- A failure to enforce safety protocols
Put simply, if a treadmill breaks and someone gets hurt, it is not the member’s fault. The gym had an obligation to keep the treadmill in safe condition. The gym failed to fulfill that duty. That failure is the basis of a personal injury claim.
When Waivers Can’t Save the Gym
Did you know that?
Those liability waivers most people sign when they first join the gym are not airtight. While they are supposed to free the gym from any liability, in practice, there are a lot of ways that injured parties may still be able to make a claim.
Liability waivers typically won’t stand up if the gym was:
- Grossly negligent
- The language in the waiver is vague and ambiguous
- There was intentional misconduct by a gym employee
- The waiver goes against public policy
- A piece of equipment was defective (product liability)
Gross negligence is not the same as negligence. The former is a reckless disregard for the safety of members. If a gym knows that something is wrong but does nothing about it, a waiver won’t help it.
What’s more…
In some jurisdictions, gyms cannot even waive negligence claims. In these jurisdictions, waivers of negligence are void as being against public policy.
This is why it is so important to know the local law.
Premises Liability and Product Defects
There are two major legal theories that could form the basis for a gym injury case.
The first one is premises liability. Premises liability is a tort that says property owners are responsible for injuries caused by the unsafe state of their property. Gyms should be constantly inspecting their property, fixing hazards, and warning members about known risks.
If a floor is wet, for example, and there is no warning sign, it is a premises liability issue.
The second one is product liability. Product liability arises when a defective product causes an injury. Unlike in negligence cases, there is no need to prove that the gym was careless or reckless in a product liability action.
All that is needed is for the injured party to prove that the equipment was defective when it left the manufacturer’s hands.
Examples of equipment injuries may include:
- Snapping cables on a cable machine
- A treadmill suddenly stopping with no warning
- A weight machine collapsing during normal use
- A resistance band breaking and causing whiplash
It is also important to note that a person’s claim can involve both premises liability and a product defect. This is because often both legal theories may be used to try to recover for a gym injury.
Steps to Protect Legal Rights After a Gym Injury
Sustaining an injury in a gym is an upsetting experience. Don’t make it worse by not acting swiftly to protect your legal rights.
If a person becomes injured in a gym, they should take the following steps immediately:
- Seek medical attention.
- Report the incident.
- Document the facts.
- Gather information about the witnesses.
- Preserve the evidence.
- Meet with a lawyer.
Don’t dawdle. The time limits for filing a claim are different in different jurisdictions. Failing to act in a timely manner might mean losing the right to file a claim altogether.
Wrapping It All Up
Fitness-related injuries are not as rare as people would like to believe. In fact, over 409,000 exercise equipment-related injuries are reported every year. If someone becomes injured in a gym, they have legal rights.
Here is the quick summary:
- Gyms have a legal duty to keep their facilities in a safe condition
- Gyms often try to avoid liability by making people sign waivers
- Waivers do not always protect the gym from lawsuits
- If the gym was grossly negligent or equipment was defective, the waiver will likely not help the gym
Getting fit should not lead to injuries or losing one’s legal rights. But when injuries do happen, it is good to know that people have options.
FAQ
Do gyms have liability for personal injuries?
Yes. Gyms have an obligation to keep their facilities in a safe condition.
Are there any defenses available to the gym?
Yes. The gym can defend a claim by showing that the injured party was also negligent.
Can someone file a lawsuit for emotional distress over a fitness-related injury?
Yes. Emotional distress is a possible head of damages in a personal injury claim.