Every year tens of thousands of individuals suffer severe injuries in gyms and health clubs across the country. In many cases such health club and gym injuries
are caused during personal training sessions. In those instances personal trainers and the gyms that employ them can be held liable for injuries suffered in those injuries were caused by the negligence a trainer and their employers. Individuals hire personal trainers so that they can be safe when they are exercising. A job of a personal trainer is to be the safety net for the trainee. However in many cases the safety net (i.e. the proper action of a personal trainer) is not there. Victims of serious injuries caused by a trainers wrongful conduct have a right to seek compensation for all injuries suffered.
Establishing Liability on the Part of the Personal Trainer and or the Gym
Under the common law system the most common theory of liability is negligence. There are four factors which need to be proven in order to establish negligence in the court of law. (1) Was a duty or care owed by the defendant to the injured party. (2) Was the duty of care breached by the defendant. (3) Did the breach of the duty a cause of the accident. (4) Did the accident result in injuries suffered.
Generally there are three ways in which you can establish breach of a duty of care in such cases.
- Negligent Hiring: There is a reasonable expectation amongst patron that the gym which they are a member and where the trainer is employed has take reasonable steps to make sure the trainer has the proper certification to train an individual.
- Negligence Training: In many cases gyms have their own internal training in order to make sure the trainers are following the same steps and protocols. However in many cases gyms have not overseen the proper training of their employees via continuing education course or seminars to make sure that the trainers are following protocol.
- Negligence Supervision: Gyms must establish program design specifically tailored made for a client based on the particularities of a client. There has to be a logical method to build on an improve a person fitness level. In the majority of personal trainers cases liability is established because the personal trainer does not have a well thought out program design. More so the program design should be evaluated by the trainer manager. Examples of Negligence Supervision can also include failure to properly spot a person during training sessions.
Cause: Causation will be established if an where the failure of the at fault party to act in a reasonable manner increases the probability of the accident which took place. In other words fault will be established if the accident could have been prevented by the defendant providing the proper care during the session.
Other Factors to Look At IN Personal Training Injury LawsuitS
There are important facts one should gather before ascertaining the viability of such cases.
- Experience of the trainer. Did he have specific
- Experience of the injured person being trained.
- How long the trainer and trainee have been working together.
- Was there a waiver or waiver agreement.
- Was there a separate agreement between the gym and member and trainer/trainee.
- Are there any accident report
Compensation Available for Victims OF PERSONAL trainers wrongful conduct
In every personal injury claim
including claims against gyms and personal trainers victims are entitled to compensation for all harms suffered. Specific types of harm compensable in personal injury cases include the following…
- All medical, health care and rehabilitation care expenses.
- All future medical and rehabilitation expenses.
- Pain and suffering including emotional trauma.
- Economic Damages – including lost wages and loss of future income.
Legal Consultation: If you have any further legal questions regarding recovery for injuries suffered due to the wrongful conduct of fitness club employees feel free to contact our law offices. All legal consultations are provided by our injury attorneys
free of charge.
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