Injured at Your Gym? Tips for Taking Action Regardless of Membership Waivers

16 January 2018
 Categories: Law, Blog

If your efforts to get fit at a gym turned into an injury, you may have a case against that facility. Gyms can be dangerous places, particularly if the equipment is not property maintained or safety measures are not employed to protect the patrons.

Businesses have the right to protect themselves against the careless actions of customers, and that is where waivers comes in. When you jointed the gym, it is extremely likely that you also signed a waiver of some sort, and that action was probably a requirement for joining. In fact, it's difficult to rent, use, join or participate in almost anything nowadays without having to sign one of these very common waivers. There are actually two different types of waivers that most people are asked to sign, and each type gives rights to different parties.

Read on to learn more about getting money damages with your personal injury case, regardless of any waiver you may have signed when you joined.

The Negligence Waiver

When you are out in public and visiting businesses, you are expected to use common sense and due care to avoid getting injured. The negligence waiver protects businesses against lawsuits from people who were injured due to their own carelessness. You cannot just ignore the rules and then file a suit against a business when you get hurt

For example, common sense would tell you that the area around a pool would be wet and probably slippery. Most gyms with pools post numerous warning signs about being careful in those areas. If you were not paying attention and slipped down in those wet areas, you may not have a case against the gym. In most cases, the waiver you signed when you join would protect the gym, and the case would fail.

The Total Liability Waiver

This type of waiver may not be enforceable due to the broad brush of liability it paints for the business. Liability can be thought of as fault, and the total liability waiver, if enforced, allows the business to avoid any liability for almost anything that happens at the facility. Even if you signed such a waiver, it may not be valid. The courts will evaluate the circumstance of the injury and assign fault based on a percentage.

For example, if the gym equipment you were using malfunctioned and a large, heavy piece of metal hit you in the head, you may have a cause of action against the gym. The management may not be able to prevent all accidents, but the equipment must be properly maintained and kept safe.

If you have been injured while working out at the gym, speak to a personal injury attorney and let them evaluate your case, regardless of the type of waiver you may have signed when you joined.