Working out is a wonderful way to de-stress and get healthy. But it is important to use utmost care while doing so. If there is an incorrectly maintained piece of equipment or an ill-trained staffer, you might end up getting hurt. In that scenario, you may be able to recover from the gym for your injuries. Please reach out to a Hartford County premises liability attorney right away. We have decades of experience that we will bring to bear on your behalf.
How and Why Do People Get Hurt at a Gym?
A number of physical injuries can happen at a gym, such as:
- Cardiac problems
- Shin splints
- Groin pulls
- Wrist sprains and dislocations
- Bone fractures
- Head, shoulder, back, and brain injuries
Here are some hazards possible at a gym that lead to the above injuries.
- Unsafe conditions
- Badly maintained equipment
- Falling free weights
What Are My Next Steps after a Gym Injury?
You need medical assistance after an injury, and moreover, a medical record will be helpful if you decide to pursue compensation. You should also let a gym employee know about your injury and how you got it
Once you feel well enough to walk around and talk to others, you should begin keeping detailed records. These will help your future attorney tremendously. Take a picture of the accident site. Ask witnesses for identifying information and interview them, if possible.
Did you sign a waiver before entering the gym? Regardless, do not sign a waiver now. It may hurt your case. Do get in contact with a premises liability attorney so they can start working to get your compensation soon.
Common Defenses Used by Gyms after a Gym Injury
You’ll want to be aware of the arguments the gym may use to rebut your claim. Here are a couple of common ones.
Implied and Express Assumption of Risk
Assumption of risk refers to the doctrine that sometimes a plaintiff understood the risks they were getting into at the time they were injured.
Express assumption of risk is when the gym tells you the risks and you agree to do the activity anyway, either verbally or in writing. Gyms may use waivers for negligence, waivers for intentional acts, and total waivers of liability, though courts are reluctant to enforce waivers for intentional acts as being against public policy and total waivers of liability as being too broad.
Implied assumption of risk occurs when you knew or should have known the dangers inherent to the activity, and you still participate. For example, if there are several warnings around a piece of equipment, and even so, you choose to use it, the court may determine that you implicitly assumed the risk.