Injuries at the Gym: New Year’s Resolutions Gone Wrong
Written by Cooper & Friedman PLLC on January 4, 2023
New Year’s Resolutions bring all sorts of people out of their comfort zones and into spaces where there is a high possibility of injury. The gym is one of these places; a lot of heavy weights, confusing machinery, a lot of newcomers, and perhaps not enough staff to handle it all can be a recipe for disaster, and some people that go in, apply for a gym membership, and sign a liability waiver might believe that by doing that, they can’t bring any case against a gym.
But this isn’t true, and we’ll explore some situations where a gym, manufacturer, or personal trainer might be at fault for your injury, and you could recover damages from the injury in court.
What Gyms are NOT Responsible For
It might seem obvious that some injuries wouldn’t hold up as a case in court even without a liability waiver, such as a pulled muscle from overexerting yourself, or a lost bracelet that you wore while working out. In fact, in a survey conducted with over 2,000 people by personal injury specialists, 53% had hurt themselves, but had admitted it was their fault.
Other times, there are certain situations that might seem a little sticky. But here are the basics:
- Gyms are not responsible for self-inflicted injury (pulled muscles, cramps, overexertion, and any injury that results from them).
- Gyms are not responsible for lost or stolen items.
- Gyms are not responsible for injuries that result from careless behavior or practices, such as disregarding warning signs or improper equipment use.
- Gyms are not responsible for the malfunction of personal devices and items.
Many of these points cover a myriad of different, individual circumstances that go deeper than the obvious ones. If you dive into a pool with a “No Diving” sign, the gym won’t be held accountable. If you rent a lock from the gym and someone cuts it off or it malfunctions while you exercise, the gym is still not held at fault. If you misuse a piece of equipment and it defects as a result of your misuse and you are hurt, you could even be held liable for the malfunction, so make sure you know what you’re doing before you try any crazy training techniques on unfamiliar machines, not that we suggest doing any crazy training techniques, regardless.
What Gyms Can Be Held Accountable For
Gross Negligence
Gross negligence is probably one of the top personal injury claims that people make while at the gym. This implies that the gym had knowledge of the safety hazard but did not do anything about it, and therefore would be held accountable. This could be:
- Trainer Negligence: An unqualified trainer that comes from the gym and causes you to get hurt
- Improper Safety Equipment: Not having safety equipment such as an AED, first aid kit, body board, or fire extinguisher that results in an injury that could have been prevented with that piece of equipment
- Unsanitary Conditions: Conditions that are bad enough to trace infections, viruses, or other injuries back to the source
- Slips and Falls: Leaving spills or refusing to put out warning signs when floors are known to be slippery
- Improper Installation of Equipment: Leaving equipment out for use that present a clear and present danger, such as unstable equipment, exposed sharp or rough surfaces, or unsafe placement. This can also apply to construction or other building facets that weren’t built correctly and fall, collapse, etc.
Manufacturer Error
Other times, it might not be a gym’s fault at all – perhaps they did all the right things, but the equipment itself had a defect that tracks back to the manufacturer. Manufacturing defects include all errors made by the manufacturers that increase the risk of injury, and with the new year, gyms and fitness centers might be upgrading their equipment, and brand new machines are at higher risk of you being the unfortunate one to discover a defect. These can be:
- Exposed wires
- Missing screws and other parts
- Improper electric wiring/unresolved fire hazards
- Failure to warn consumer of risks
- Missing/incorrect instructions
- Incorrectly installed/attached parts
Why Bring Your Gym Injury Case to Cooper and Friedman?
Injuries at the gym become a slippery, slippery issue with how intertwined fault is, and how it’s usually shared between the patron and the gym. But because it’s not always cut and dry, that means that you have just as much a chance at receiving compensation for your injury as the gym does, and Cooper and Friedman are here to help you get a verdict that helps you in your time of need and brings attention to any carelessness from big businesses.
Be safe in your New Year’s Resolution, and if you haven’t visited a gym or done machine workouts in a while, ease yourself into it so that you don’t get hurt. But if you’re injured because of negligence or product defects, then give us a call today to schedule a free consultation.
If you or someone you love has been injured because of negligence at the gym in the State of Kentucky and are in need of an experienced injury attorney, give the lawyers at the Cooper & Friedman law firm a call. The attorneys at Cooper and Friedman PLLC have over 50 years of combined experience defending the rights of gym accident victims. Contact us with questions you might have or schedule a free case consultation with an attorney by calling 502-459-7555 today.