Working out is a great way to stay healthy and fit, but it’s not without risk of injury. If you were injured at a gym, you might wonder whether you can file a claim against the owners or other individuals.
You may be eligible to file a claim, but it depends on a number of factors. If you believe that you were injured at a gym as a result of someone else’s negligence or recklessness, call the Law Offices of Tim Misny right away.
Personal injuries and gym liability waivers
Many gyms ask members to sign liability waivers before working out on their premises. These waivers are usually an agreement to release the gym from liability, should an accident occur. Ohio courts tend to uphold liability waivers—but there are certain exceptions. For instance, if your injury occurred as a result of “willful and wanton conduct,” you generally can’t sign away your rights via waiver.
A second exception is when the waiver is so ambiguous as to be unenforceable. Never assume that you don’t have any options just because you signed a waiver. Call our firm to have an experienced attorney review your case.
Personal injuries and defective or poorly maintained gym equipment
Sometimes injuries occur because of defective or improperly maintained gym equipment. Injuries resulting from a defective product are not necessarily under the gym owner’s control. Plaintiffs can sue the equipment manufacturer under a theory of products liability, which is a type of strict liability negligence claim. Manufacturers have a duty to ensure their products are safe for their intended use.
In some circumstances, plaintiffs may also be able to bring a claim against gym owners for failing to properly maintain their equipment.
Personal injuries from gym members or visitors
Finally, other gym members or users may cause an injury. For example, leaving equipment in an unsafe position or failing to clean up water spills could cause harm to others. Gym members don’t have the same duty of care a gym owner or manager does, but they could be liable for any harm they personally created—if they can be identified.
Because liability can be such a difficult determination, and multiple parties may bear responsibility, make sure to call the Law Offices of Tim Misny as soon as possible. You may be able to recover compensation for your gym injuries if negligence or recklessness was a factor.
Consult with an Ohio personal injury lawyer
The Law Offices of Tim Misny can help you with your gym injury case. When you’re the victim of negligence or recklessness, I’ll Make Them Pay!® Call my office at (800) 556-4769 so that I can evaluate your case right away.