Though some injuries can happen when working out, like pulling a muscle or hurting your knee, these are to be expected. With proper stretching and form, you can reduce the risk of these injuries. However, the last thing you expect is to sustain injuries due to the negligence of the gym staff and ownership. If this occurs, understanding how to proceed is critical to recovering the justice you deserve. The following blog explores what kind of injuries are because of overexertion versus negligence and how a Wesley Chapel, FL personal injury lawyer can help you through these challenging times.
How Can an Injury in a Gym Happen?
There are a number of ways in which someone can sustain an injury while in a gym. Unfortunately, some are because of someone using a machine other than how it’s intended or lifting weights that are too heavy. However, a number of hazards in a gym are a direct cause of negligence on behalf of staff that can cause a member to sustain serious injuries. These include the following:
- Failure to remove defective or broken equipment
- Failure to ensure routine checks and maintenance are performed on machinery
- Failure to erect signs marking wet spots
- Failure to remedy hazards caused by loose carpeting, tile, flooring or turf
- Failure to ensure fixtures, like pull-up bars, squat racks or punching bags, are secured into the wall or ground
Unfortunately, these hazards can cause significant injuries for those impacted. Broken bones, sprains, strains, neck and spinal cord damage, back injuries, brain damage and chronic pain can all result from the aforementioned negligence by gym staff.
If I Signed a Waiver, How Will It Impact My Claim?
When you sign up for a gym, you may be asked to sign a waiver before using the equipment. In many instances, the language in the document will essentially state that the gym cannot face liability for any injuries on the premises, regardless of fault.
If you signed a waiver, odds are the language is incredibly vague or ambiguous, meaning a reasonable person would not be able to understand it. As such, the waiver could be deemed invalid. Additionally, if your injuries are because of gross negligence, meaning staff knew about the risks and failed to remedy them, directly putting members in danger, they can still face liability.
As such, if you face injuries as a result of the negligence of a gym, it’s critical to understand how to proceed with a lawsuit. Generally, the first thing you should do is alert staff to the hazard and ask them to file an incident report. Be sure not to write anything that could be twisted as assuming responsibility for the accident and request a copy of the report. Next, you’ll want to seek medical treatment immediately. If you must, call 911 to request emergency services.
Finally, you’ll need to contact an experienced attorney to discuss the details of your case. At the Law Offices of Matthew J. Jowanna, our dedicated team understands how frustrating it can be to sustain injuries due to the negligence of another party. That’s why we’re ready to assist you through these challenging times to receive the justice you deserve. Contact our firm today to learn how we can help you.
