Who Is Liable if I Suffer an Injury at a Gym?

When you head out to the gym for your workout, you may not think about injury liability until you suffer an avoidable accident. The liability waiver you sign when you pay for your gym membership may prevent you from pursuing some claims for compensation, but you may still have a personal injury case against the gym or an equipment manufacturer.

Liability and Gym Memberships

Depending on the circumstances, you may have a personal injury case. The following individuals may face liability for the damages:

• You’re liable for user errors and careless gym behaviors. If you don’t use equipment properly, drop a free weight on your toes, or fail to pay attention while you’re working out, you’re responsible for any injuries you sustain on the premises.

• Gyms are responsible for maintaining a reasonably safe workout environment. They should clean the gym equipment on a regular basis and maintain the property in a safe manner. If you trip on a wet floor, sustain a serious illness (such as a staph infection from unsanitary equipment), or suffer an injury because of improperly maintained equipment, the gym may bear responsibility.

• The equipment manufacturers are responsible for designing safe gym equipment, producing equipment that meets industry safety standards, and warning users about potential risks associated with use. If a manufacturer delivers a faulty or improperly documented workout machine, you may have a case against the equipment company.

• Other individuals can be liable as well. If someone else intentionally or carelessly injures you at the gym, that individual may be responsible for any injuries you sustain. For example, some free weight users are particularly careless when they start working on a routine. If they swing back and hit you in the jaw or drop a weight and it hits you or rolls into you, you may have a case against that individual.

Unless you know your own carelessness contributed to the incident, consider talking to a personal injury attorney about any injuries you sustain in a gym environment. The gym itself isn’t the only potential defendant in a personal injury case, and you deserve fair compensation after suffering a preventable injury in a gym environment.

Liability Waivers and Gym Injuries

Many gym-goers assume that a liability waiver will prevent them from pursuing any action against a gym or other party. This isn’t true. Liability waivers may prevent you from taking some actions, but they don’t completely protect gyms from personal injury liability. Some waivers don’t contain legally binding language, and no waiver protects a gym establishment from liability for acts of gross negligence. Depending on the incident, you may have an opportunity to challenge the validity of a waiver if your case goes to court.

Do read the full gym liability waiver and ask questions if you aren’t sure about the contents of the waiver. Many front desk personnel may try to bury a liability waiver among other documents you must sign when you apply for membership. Don’t be afraid to look for potential problems with the waiver, and refrain from signing until you do more research. Keep a copy of all of the documents you sign in the event you do suffer an injury.

What to Do After a Gym-Related Injury

After an injury at the gym, inform the manager on duty about your situation and seek medical attention immediately. Try to record the names of any witnesses. Keep all medical records associated with your treatment, and discuss your case with an experienced Houston personal injury attorney as soon as possible. You may be able to seek compensation after suffering from a serious gym injury.