Can a Gym be Liable for an Injury?
You go to the gym, ready to conquer your fitness goals, but it is not as rare for people to find themselves sidelined by an unexpected injury. According to the US Consumer Product Safety Commission, nearly 22,000 people visit the emergency room each year due to treadmill injuries alone.
In one incident, a celebrated violinist suffered devastating injuries to her elbow and abdomen, which cut her award-winning career short. Instead of compensating her for her injuries, the gym denied her claims, resulting in a four-year battle to prove the safety hazards of the equipment. If this sounds like a similar experience, you should be aware of your rights and legal options in the face of a gym’s negligence.
Liability of the Gym Owner or Management Agency for Your NYC Gym Accident Injuries
A lot happens at a gym that may contribute to an accident:
- Not using machines correctly or using the wrong equipment for exercise.
- Insufficient guidance from trainers or staff.
- Equipment that is not regularly inspected or repaired.
- Lack of safety protocols or emergency procedures.
- Too many people using the facility at once, causing collisions or rushed use of equipment.
- Users not properly educated on exercise techniques.
- Equipment placed too closely together.
- Wet or improperly maintained floors that increase the risk of slips and falls.
Most fitness centers require their members to sign waivers or membership agreements that include clauses to limit the gym's liability for injuries caused by these issues. These waivers state that you accept all the risks associated with gym activities. With that said, these waivers are not always ironclad; they must be reasonable and cannot protect the gym from all liability. For example they cannot be insulated from claims of gross negligence or intentional misconduct.
To determine if your gym’s actions might by actionable, consider:
- The Nature of the Action: Was the action merely careless, or did it show a complete disregard for the safety of gym members?
- Foreknowledge: Did the gym or its staff know about the hazard and choose not to address it?
- Repetition of Accident: Has this type of accident happened before in the same setting due to the same hazard?
If you suspect that your injury resulted from such circumstances, document the event thoroughly, gather statements or evidence from witnesses, and consult a personal injury attorney right away. They can investigate your case to assess what type of claim you may have based on your accident, for instance, a negligence claim, a product liability claim or a premises liability claim.
Negligence Claim
If you believe the gym's negligence caused your injury, such as an employee failing to provide proper instruction or they do not maintain their equipment in the best condition, you might have a negligence claim. In such cases, you would need to establish four elements: duty (the gym had a duty to ensure safety), breach (the gym failed to fulfill this duty), causation (this failure caused your injury), and damages (you suffered actual harm or loss).
Premises Liability Claim
Gyms are expected to keep their facilities reasonably safe for members and guests through regular upkeep and addressing any known hazards as soon as they come to their attention. If you are injured because the gym failed to uphold these standards, you might have a premises liability claim. For example, if you slipped on a wet floor in the gym’s locker room where there were no warning signs.
Product Liability Claim
If your injury was caused by faulty treadmills, exercise bikes, resistance machines, weight machines, elliptical machines, rowing machines, smith machines, leg press machines, pull-up bars, benches, or any other equipment, you might have a product liability claim against the manufacturer of the equipment.
If your injury was caused by defective gym equipment, you might file a product liability claim against the manufacturer of the equipment. An example would be a weight bench that collapses under normal use due to faulty design.
What If I Have Signed a Waiver with the Gym?
Gym liability waivers are intended to protect the gym from liability arising from “ordinary negligence”, i.e., any accidents or injuries that occur despite the gym's reasonable efforts to maintain a safe environment. When you sign this document, you agree not to hold the gym liable for any injuries that occur from these acknowledged risks. Under New York law, waivers are generally enforceable if they are clearly written, understandable, and explicitly acknowledge the risks involved in gym activities.
Stemming from this, waivers do not protect them from claims of “gross negligence”. Gross negligence is when the gym's actions or failures to act show a reckless disregard for member safety. Waivers also do not cover intentional acts committed by any gym employees that may cause harm. A waiver can’t excuse a gym from liability for actions that violate public policy. If a gym fails to comply with certain safety regulations mandated by law, a waiver might not protect the gym from liability for injuries caused. There are other times when a waiver will not insulate a gym from liability, this can be complicated. So if you are injured at the gym, you need an attorney on your side.
Our New York City Gym Accident Attorneys will Fight to Maximize Your Compensation
If you have suffered an injury at a gym, do not settle for less than you deserve. Contact The Law Offices of Michael S. Lamonsoff, PLLC, where Michael "The Bull" Lamonsoff takes a relentless approach to secure the highest compensation for your injuries.
New York follows a comparative negligence rule, i.e., that if you are partially at fault for your injury, your compensation may be reduced by your percentage of fault. Michael and his dedicated team will go the extra mile to prove to the gym's insurance company why the gym holds full or greater liability in the accident.
Known for his aggressive tactics in court, Michael prepares every case with the thoroughness it might go to trial. This level of trial readiness typically leads to better settlement offers from the defendants. The Bull’s formidable track record speaks for itself, with over $500 million settlements and verdicts that reflect his commitment to his clients' best outcomes. Call us at 212-962-1020 or reach us online to schedule your free consultation.