Hitting the Gym
At the beginning of every year, many people flock to area gyms and recreation facilities to fulfill their resolution for a healthier, more active lifestyle. Today’s gyms have virtually everything imaginable; from cross fit classes to dance, weights, complex equipment and more. The rudimentary basement-style gyms are truly a thing of the past!
Whether you are a seasoned gym goer or you have just joined, the dangers lurking around every corner do not discriminate. There is definite reason why a waiver of liability and injury accompanies most gym memberships and class enrollments! I have seen incredibly scary, painful injuries stemming from an innocent day at the gym.
Legal Recourse for Fitness and Gym Related Injuries
The actual legal recourse for your gym related injury is impacted by many factors. The potential scenarios and resulting injuries are endless, and the law has to take into account every single aspect. For some of my clients, their misconception that a signed waiver automatically means there is no recourse available, can cost them dearly.
When you sign up for a gym membership or fitness classes, it is likely that you are directed to sign a waiver that expresses your ‘Willingness to Assume’ any and all assumption of risk. This statement may be the literal words on your contract! One common ruling is that the unfair, broad nature of it is refutable in the courtroom. Alternatively, negligence on the part of the facility workers and management can also be grounds for legal recourse.
Key Facts for Gym Injuries
- Your waiver does not automatically excuse the facility or individuals
- DIY exercise and instructor led exercise can both lead to preventable injury
- Failure to maintain and inspect equipment may be negligence
- Failure to properly clean and maintain a facility may be negligence
- Facilities must have proper medical response equipment on site
- You have a reasonable expectation of safety
Negligent and reckless behavior at your gym facility can lead to serious injuries for you! Having an experienced personal injury attorney is critical for your case. The very first step you take to pursue a claim will be met with a motion for summary judgment, showcasing your signed waiver.
If you or a loved one was injured or killed in a gym accident, call my offices immediately.
As your Ohio personal injury attorney, I’ll be there for you, and I’ll Make Them Pay!®
Author: Tim Misny | For over four decades, personal injury lawyer Tim Misny has represented the injured victim in in birth injury, medical malpractice, and catastrophic injury/wrongful death cases, serving “Cleveland, Akron/Canton, Columbus, Dayton and neighboring communities.” You can reach Tim by email at misnylaw.com/ask-tim-a-question/ or call at 877.944.4373