5 Legal Questions Surrounding Gym Injuries
5 Questions to ask if you’ve suffered Gym Injuries
It’s not all that surprising to hear of fitness center or gym injuries. You have many different people at many different levels of fitness, using machines they may or may not be familiar with, and often striving to push themselves to the next level. Injuries are very common. But what happens when those injuries are not self-inflicted? What if you are injured because of someone else’s actions, inactions, or negligence? Is someone else, or the gym, liable for your injuries?
Here Are Five Common Situations That Can Lead To Injury And Subsequent Lawsuits:
- I Fell At The Gym: Can I Sue? It depends on the circumstances surrounding your fall. If the gym or someone else contributed to your fall, say by not placing equipment in the proper place or mopping the floor and not having Wet Floor signs put up, they may be liable for your injuries. If you simply tripped over your own two feet and there was no underlying cause for the fall, you probably don’t have a case.
- What Kind Of Responsibility Does The Gym Have For My Care? All businesses owe their patrons a “duty of care”. This means the business has a legal duty or responsibility to maintain safe, clean premises and take actions to prevent foreseeable dangers. For example, spills should be cleaned up and equipment properly stored so as not to present a danger to gym-goers. If the gym is negligent in providing this care, they could be liable for any injuries that occur.
- Can I Sue For CrossFit Injuries? CrossFit is an effective workout program, but it is not for everyone. It’s not uncommon for participants to drop out because they become injured doing it. Whether or not you can sue for those injuries is questionable. Studies and lawsuits are being undertaken which could set precedent for the future, but for now, if you are injured by CrossFit training, see a doctor and talk to a personal injury attorney about the specifics of your situation to determine if you have a case.
- Can I Sue Personal Trainers For Harm? Personal trainers are there to encourage you and push you, but not to the point of injury. You can sue them for injuries sustained but you’ll have to prove all four points of a negligence lawsuit: duty, breach of duty, causation, and harm. Personal trainers can only be held liable for the injury if their negligence specifically caused you harm.
- I Was Injured During A Massage, Can I Sue The Massage Therapist? Massages are supposed to soothe and help your body recover, not harm you further. If you have been injured by a massage therapist the same principles apply as the personal trainer example above. You must prove the therapist was negligent and that their negligence directly resulted in your injury.
A Word About Waivers
It’s very, very common for gyms to require you to sign a waiver when you open a membership, drop in for a workout, or sign up for a class. While these waivers may look and sound intimidating, they do not strip you of all your rights or protect the gym from fault in every situation. If you did sign a waiver and then became injured at the gym, talk to a Madison personal injury attorney to determine if you have grounds for a case.
Talk To An Eisenberg Law Offices Madison Personal Injury Attorney About Gym Injuries
If you have been injured at the gym and think someone else’s negligence is to blame, contact Eisenberg Law Offices in Madison. A personal injury attorney can assess your situation and let you know if you have a case or not. We offer free, no obligation consultations so you can get answers and make an informed decision about next steps.