When a gym member experiences an injury at a gym or a fitness center as a result of an unreasonably dangerous condition or some other negligence, he may be able to sue the gym for caused injuries and recover money damages suffered from the gym related injury.
Before filing a personal injury lawsuit several important issues must be considered:
- The type of injury the victim has suffered;
- Whether or not the gym membership contract contained a release of liability waiver; and
- Whether the negligent actions of gym owners and staff led to the damages.
In California Can a Gym Be Held Liable for Injury Suffered by its Member or Patrons?
Gym can be liable if the injury is proven to be causes by the facility’s fault. This can be due to construction hazards, faulty equipment, or improper maintenance procedures. The gym has a certain degree of responsibility to ensure the members well being.
Some specific situations or examples when an injured person may sue the gym and seek compensation include:
- Uneven, wet, or broken floors that are not signed properly;
- Improperly maintained equipment;
- Poor advice from a trainer or other gym staff member how to use the equipment;
- Dangerous objects that are stored not properly.
Common Injuries Suffered in a Gym or Fitness Center
Some of the common injuries that gym accidents can cause:
- Fractured Bones;
- Neck and spinal injuries;
- Internal bleeding;
- Sprains and Strains;
- Spinal Cord Damage;
- Brain Injury;
- Facial injuries;
- Eye Injuries;
- Crush Injuries;
- Traumatic Head Injury; and
- Nervous system damage
A Gym or Fitness Facility Must Use Reasonable Care to Discover Any Unsafe Conditions
Gym owners must use reasonable care to discover any unsafe conditions; they are also responsible for fixing dangerous conditions and warn the gym members about those dangers. In case a property owner is unable to fix the dangerous condition he must put up a notice or warning of the hazard. A person injured in fitness center may be able to recover damages for medical bills, hospital bills, physical or occupational therapy, medical supplies, lost wages, pain and suffering, lost earning capacity, punitive damages and property damage.
Legal Defenses to Gym Accidents Involving Members or Patrons
The more popular legal defenses that fitness facilities such as LA Fitness or 24 Hour Fitness may use to defend gym accident lawsuits include the following defenses.
Assumption of Risk Defense in Gym Accidents
Assumption of risk is a legal defense that makes liable a person who engaged in strenuous physical activity. The gym owners can prove that the victim assumed the risk of injury, knew he could get hurt at the gym and chose to join anyway.
Gym Release of Liability Waivers
Generally, most gyms and fitness facilities require their members to sign a waiver of liability. While, others gyms or fitness centers may post disclaimers that all members are working out at their own risk.
Moreover, gyms generally include a release of liability waiver within their membership contract which depending on the language ultimately releases the gym and its employees from liability in the event the member suffers an injury and wants to file a personal injury lawsuit against the gym. However, a gym and fitness facility can not completely reveal themselves from absolute liability. The skilled Glendale personal injury attorney at KAASS LAW have been able to successfully sue and recover money damages for injuries suffered at a fitness facility with the existence of release of liability waiver.
Suing a Gym in California For Suffering Injury
In California a victim can sue a fitness center or a gym in California for suffering an injury due to::
- He was purposely injured by someone at the gym,
- The gym didn’t repair defective or broken equipment and allowed to work out on it,
- It was grossly negligent.
As such, a release of liability gym waiver can be considered void if it is overly broad or violates public policy.
Gym Accidents Defective Exercise Equipment
In some cases gym accidents are caused by a defective piece of exercise equipment. A part of workout equipment can break and cause a person to lose control of the equipment and suffer an injury.
Product Liability in California for Defective Exercise Equipment
According to California’s products liability law, the company who manufactured, designed, or sold the defective workout/fitness equipment product is liable for caused injuries. The injured person does not have to prove the company was negligent. In product defect cases, strict liability can be imposed for manufacturing defects, design defects, and failure-to-warn defects.
Los Angeles Gym Accidents Lawyer
Have you been injured due to a gym accident in California? If so, we invite you to hire our dedicated Los Angeles gym accident lawyers today. You can rely on our experienced lawyer to carefully analyze the facts of your case to prove the facts necessary.
To schedule a free consultation with one of our personal injury lawyers, call KAASS LAW today at 310-933-5171 or send us an email through our online appointment form.