Personal Injuries at the GymSeptember 12, 2014
Aside from the first few weeks of the New Year, the last few weeks of summer and the first few weeks of fall are when gyms and recreational facilities see the greatest influx of people getting back into the gym. With cooler weather, waning daylight, and the kids back in school, many people find that now is a good time of the year to reestablish a fitness routine. Whether you are starting back up or a first-timer, though, you should know a couple of things about your rights if you are injured at your local gym or rec center.
Most gyms will require you to sign a liability waiver when you sign up for your membership. We have talked about liability waivers before on this blog. They are enforceable under Ohio law. Because is it commonplace for gyms to include a liability waiver in your membership contract, gyms are often able to avoid liability for personal injuries that occur in their facilities and on their equipment.
Liability waivers do not absolve gyms of liability for willful or wanton misconduct, or for intentional tortious conduct, however, so you may be able to hold your gym liable for injuries despite signing a waiver. Moreover, each liability waiver is different. Some liability waivers may apply to personal trainers and some may not. Often, personal injuries occur because of negligent trainers who may remain liable despite the facility’s waiver. If you have suffered a personal injury at your gym or rec center, contact an experienced personal injury lawyer to review any liability waivers you may have signed.
While liability waivers largely limit injured members’ ability to seek compensation from a gym, you may be able to recover compensation for your injures if you were hurt due to malfunctioning or defective equipment. Gyms are filled with complex and dangerous equipment, from weight machines to treadmills, all of which can cause serious bodily injury, traumatic brain injury, or spinal cord injury if the machines are defective. Manufacturers of gym equipment have a responsibility to produce reasonably safe products, and may be held liable for injuries caused due to product defects.Back To Blog