Going to a gym, exercise or yoga studio to feel and look better is a fun and healthy activity. The more you exercise, the better you feel. While there may be no dispute regarding that claim, gyms are also places where accidents happen. Many factors contribute to the incidence of accidents in gyms and other fitness environments and gyms are aware that they must stay vigilant to maintain a safe and secure place for their members. Gyms are also filled with heavy exercise equipment and free weights, wet floors and bacteria laden mats.
What happens if you get seriously injured at a gym? According to Legalmatch.com, every day more than 10,000 people receive treatment in emergency rooms due to injuries sustained in gyms and exercise studios. These injuries may be a result of negligent management and poorly maintained equipment. Serious injuries can be the result of a member misusing exercise equipment and machinery, not being physically fit enough for a specific machine or simply his or her own carelessness. Gyms are aware that claims for damages from serious injuries are all too frequent. As a result, many gyms require that their members sign a liability waiver, which is a legal contract prohibiting members and guests from filing legal actions against the gym in the case of an accident.
Filing a claim for serious injury may be difficult, but it is not impossible. There are two ways to circumvent the liability waiver in what is otherwise sometimes an ironclad contract. If a judge finds that the language contained in the waiver is vague and ambiguous, the possibility of an injury settlement increases. The second way is if the injured party can prove that there was gross negligence on the part of the gym management. Gross negligence is defined as carelessness or reckless disregard for the safety of the gym’s members and visitors.
There are many complex factors to assess when filing a lawsuit for damages in a gym or exercise studio accident. If you or a loved one has been seriously hurt in a gym or exercise studio, contact the attorneys at Finkelstein & Partners, LLP. Our lawyers have decades of experience in handling all types of personal injury lawsuits and their skills, compassion and dedication to their clients are a hallmark of Finkelstein & Partners client representation. Call 800-529-2676 or email [email protected].