In 2020, it is important that we stay fit. Many of us are just emerging from lockdown with far more ‘roundness’ than we are used to and so, in turn, people are flocking to the gyms to get pre-lockdown fit again. But, staying fit does come with some big repercussions should you obtain an injury at the gym.
That leads us to our first question. If you were to obtain an injury at the gym, what legal repercussions do you face?
When you sign up to a gym, you sign some paperwork, receive your access, sign some more paperwork, and you’re in. However, have you ever actually read what that paperwork says? There are a whole lot of reasons to read the fine print, so you know which rights you’re keeping or giving away, depending on the contract.
Gyms will usually include a waiver in your membership contract that is specifically created for the event of an injury at the gym. Should you be injured at the gym, this waiver makes sure that you cannot sue for compensation.
Contrary to this, it doesn’t mean that you cannot take legal action altogether. By law, gyms are still required to provide all their clients with services that are:
- Fit for their purpose
- Rendered with care and skill
These waivers can be difficult to understand which is why a lot of people skim over them but refuse to actually read the important information. If you do read the important information, you will find that gyms are almost overprotected in the instance that someone may become injured. However, if your gym fails to provide safe equipment that is fit for its use, this is a breach of their duty of care and you will be able to take legal action.
For example, if you choose to use the treadmill and it isn’t in working order which causes you to fall while running, the injury would be accredited to the gym’s negligence and you will be able to seek legal help regarding the injury and the dangerous treadmill.
You should also be made aware of the financial rights that you hold regarding gyms. Usually, gyms will make their clients sign a long-term contract that protects the gym entirely. So, you should be prepared to pay for the entire amount of time that the contract pertains, or it may become expensive or impossible to get out of.
Gyms do have a strict obligation to protect their clients which includes:
- Keeping machines in good shape
- Making sure the gym is safe for use
- Making sure equipment is in working order
- Making sure the gym is clean
On the other hand, if you obtain an injury while at the gym that is not a direct result of unsafe equipment, this will be classed as ‘self-inflicted’ and the gym cannot get into trouble because of it. If the equipment is in working order and you manage to injure yourself while misusing the equipment it is highly unlikely that the gym will be held liable.
If you do obtain an injury due to the gym’s negligence, it is highly important that you seek to find a good personal injury attorney. These cases can be very difficult, and a good personal injury attorney can make all the difference in the conclusion of your case.