You joined a gym to get fit and healthy, but not all workout facilities have safe environments. Gyms are full of potentially unsafe situations; wet, slippery floors, malfunctioning weight equipment and more. Read on for more information about how you can be compensated for a gym injury.
Waiver of Liability
When you joined your gym, you probably remember signing a waiver of liability. You should have read it, but many people just sign it without reading it or giving it a second thought. This document signifies that if you are injured at the gym, you are giving up your right to sue for damages.
If you are injured at the gym, and you have signed the waiver of liability, can you still be compensated for your damages? It depends on the circumstances of the injury and the type of waiver:
1. Waivers of negligence apply to your actions at the gym. They cover the gym for injuries in which the gym member is at fault, such as using the equipment in an unsafe manner or running on a slippery pool deck. These waivers are usually enforceable, which means you cannot sue the gym.
2. Waivers of total liability absolve the gym of any responsibility for any injury for any reason. While these types of waivers are very common, they are not always enforceable. The courts take a dim view of waivers that are too broad and unfair to the average gym patron.
Common reasons for finding a waiver of liability is not enforceable are:
- Inadequate sanitation of hot tubs and pools.
- Wet floors that are left wet with no safe cone.
- Sidewalks in front of the gym with ice.
- Faulty equipment due to improper maintenance.
Once you have signed a waiver of liability, whether it is at the gym or with any class, race, event, facility rental, etc, you should realize that the waiver is not the final word. Waivers are not meant to allow a facility to provide you with a less than a safe environment. The courts have ruled these waivers to be unenforceable time after time, and you may have a case against the gym for providing an unsafe workout environment.
If you have been injured at your gym, contact a personal injury firm like Burke Schultz Harman & Jenkinson Attorneys at Law and allow them to review the facts of your case. You may be entitled to be compensated for your medical bills, property damage, lost wages from work, and pain and suffering. Put your issue with the gym into the hands of a personal injury attorney and get the compensation you deserve.Share