According to NBC News, approximately 50,000 Americans are seriously injured in exercise equipment-related accidents each year. Whether you tripped on the treadmill or had a dumbbell dropped on your foot, you may have also suffered an accident at your local gym, and are wondering if you can sue. Even if you signed a liability waiver, you might still have a case. Here is some valuable information for anyone who is injured at the gym:
Did You Sign a Liability Waiver?
In an attempt to avoid potential lawsuits, many gyms do not allow new members to utilize their facilities without signing a liability waiver. Basically, depending on the language used, in many cases you will not be able to sue to the gym.
For example, the gym may require you sign a waiver that does not hold the facility responsible if you injure yourself on the equipment, in the showers or if you are simply walking down a hall because you have assumed the risk that is involved in being on the premises.
Some facilities will also make you sign a waiver that states you are assuming responsibility for using equipment that may be faulty or malfunctioning. Another common waiver that many potential gym members must sign also states that they have no pre-existing medical conditions that could result in an injury or even death in the facility.
In many cases, the language used in these liability waivers is often vague and general, meaning the words used can be misconstrued in court. However, don't assume that just because you signed what seems to be an iron-clad waiver that you don't have a case. Instead, contact an attorney immediately to help you determine what steps to take next.
You May Still Have a Case
The waiver you signed was several pages of legal jargon that you don't understand, and you assume straight away you don't have a case. However, there are some circumstances where the waiver doesn't cover your injury.
For example, if the language used in the waiver was extremely vague or very difficult to understand, you may have a case. Unfortunately, these types of claims are often rare, especially if you're dealing with large chain organizations who employ several talented attorneys.
In many cases, the injured party is able to sue and win the case because their lawyer was able to prove gross negligence on the part of the gym. For instance, if the gym employees allowed patrons to use a piece of equipment they knew was faulty and caused injuries to other members, the facility could be found guilty.
Once again, it is important to contact a personal injury attorney immediately after you were injured. They attorney will help you determine if the gym was at fault, and whether or not you have a case.
What to Do After You Are Injured
If you are ever injured at the gym, it is important to first seek medical attention – especially if you are seriously hurt. Next, make sure to take several pictures of your injuries and if possible, the machine or equipment that caused the injury. If possible, also ask for the names of anyone who saw the injuries and ask them to write down exactly what happened.
Next, you should write down exactly what led to your injury. Make sure you be specific and try to write your account as soon as possible, while the information is still fresh in your memory.
Finally, it is vital for you to contact a personal injury attorney. Your attorney can help you proceed with filing a lawsuit against the gym, the equipment's manufacturer or even a specific employee.
Thousands of people suffer exercise equipment-related injuries each year. If you were injured at the gym, don't hesitate to contact a law office like GSJones Law Group, P.S. immediately to determine if you have a case.