When you go to the gym, you expect to stay healthy and improve your physical condition. Ironically, there are many overlooked ways that gyms can hurt your health and have health implications. Gym equipment can be dangerous if you are distracted by your music or phone or if you do not carefully read the instructions. And with a locker room full of stuff and equipment that may not be put up properly, it’s easy to get caught up in loose dumbbells or trip over an errant towel. If you find yourself in this position are you able to sue for injuries?
Like most sports agencies, a gym will have you sign a liability waiver when you sign up and most likely when you take specialized classes. These gyms make the contracts say that you can’t sue the gym if you get hurt while working out, but there may be a special case where this contract is unenforceable as deemed by a court.
For instance, you may have signed a claim that is a total waiver of liability. These waivers say that the gym is free from any and all injuries that occur on the premises. However, courts often rule in favor of the plaintiff and against the gym because these agreements are too broad and cover too wide a range of injuries.
You may also have been intentionally injured at the gym. If this is the case, then you are likely going to be able to recover for your damages because the courts have found that avoiding a claim when someone is intentionally injured is unconscionable on the gym’s part. The gym must be responsible for intentional misconduct that severely injures someone.
The last way that is common to get a settlement through the gym is via premises liability. The gym owners have a duty to maintain their property and keep it in line with the safety inspection guidelines and fix any visible hazards. If you are injured as a result of poor maintenance and gym upkeeping, and you can prove that the gym staff should have known about the potential for injury, you may have the grounds for a premises liability case.
Under any circumstances, the best thing to do is to contact a personal injury attorney. We have the tools to get you the settlement you deserve and ensure that the gym owners don’t hide behind broad or vague waivers. You deserve compensation for your injuries, so contact Colley & Colley L.L.P. today.
15511 W Highway 71
Suite 110-142
Austin, TX 78738
(512) 477-2001
512-477-3335
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