Health Club Safety: What you need to knowHealth clubs like any other establishment owe their patrons a reasonable duty of care to make sure the property is free from not only defective conditions but also dangerous conditions on the property. Health club owners are required not only to inspect for such issues but to also warn customers. Failure to provide adequate warnings hold health club owners liable for injuries. Other liability can be due improper space between equipment, failure to inspect equipment or unsanitary conditions at the facility.
COMMON CAUSES OF HEALTH CLUB INJURIESWhen you go to the gym to exercise, the gym has a duty to ensure that all of the equipment functions properly. Below are the most common ways that you can get injured at the gym:
- Equipment Malfunctions: When you lift weights at the gym using equipment, there are pulleys, levers, fulcrums, and other simple machines that contribute to the overall function of the equipment. If any parts of the machine are worn out or broken, they can lead to serious injury of the user. For example, if the axle on which the pulley spins breaks, it the weights will fall suddenly which can cause the customer’s muscles and bones to jerk violently and cause serious damage. If you suffered an injury because the equipment malfunctioned, then you have the right to sue the gym for proper compensation.
- Defective Gym Equipment: Gym equipment needs to be in proper condition in order to not cause any damage to customers who use it. It must not cause any harm to the user. For example, if there is equipment that has a bacterial infection, and the gym ignores it and allows countless customers to get infected, those users can sue the gym for negligence to their own defective equipment.
- Sexual Assault: People go to the gym to get healthier, not to become victims of sexual harassment and assault. Unfortunately, there are some people who will make unwanted sexual advances to unsuspecting customers. Whether the attack come from trainers, staff, or other attendees of the gym, the gym must maintain a safe workout environment for all customers. If you were sexually assaulted or harassed in a gym, you can file a lawsuit to receive compensation for your damages.
- Assault and Battery: Hormones and blood pressures run high at gyms. And when emotion gets in the way, it can lead to physical altercations which can lead to serious injury. The gym must maintain a safe space for their customers. While you can sue the perpetrator, if the gym did not make reasonable policies to prevent fights, you may also have the option to file a lawsuit against the gym.
- Slip and Fall Accidents: Health clubs must post WARNING signs when the floor is wet so that customers don’t slip, fall, and get injured. If you suffered a slip and fall injury in the premise of a gym, whether it be inside or in the parking lot, you can file a lawsuit to receive compensation for your injuries.
Health Club Waivers and Right to File a Lawsuit for InjuriesMany health clubs have mandatory waivers which are required to be signed before membership becomes effective or before your membership can become active. Although such waivers can reduce the liability they are not absolute. Such waivers do not work to absolve the health club owner of all liability. Waivers are often times found to be invalid or improper when dealing with limiting liability. Courts can at their discretion invalidate waivers depending on the language and type of harm suffered by the harmed party. It is important to consult with the athletic club injury lawyers at Downtown LA Law to determine if you have a case.
Learn more about your options for compensation by calling (213) 389-3765.Generally, such harm is brought under a negligence theory of recovery. In order to bring a cause of action under negligence, it is required to show that the health club owed a duty to the harmed party, that they breached that duty, the harm suffered was caused by the health club owner and that the party suffered damages. In order to determine whether your injuries are recoverable, we recommend you contact the health club injury attorneys at Downtown LA Law for a free case evaluation.
Common Health Club InjuriesHealth club injuries are numerous and can include:
- Broken nose
- Fractured bones
- Treadmill injuries
- Broken arm
- Injury due to improperly securing weights
- Weight related injuries
- Resistance band snapping or breaking
- Wrist injuries
- Toe injuries
- Finger Injuries
- Spinal Cord Injury
- Chest trauma – resulting in Pulmonary injury to the lungs and sternal fractures
List of California Area Health Clubs
- La Fitness
- Sports Club
- Bally’s Total Fitness
- Spectrum Health Club
- 360 Health Club
- 24 Hour Fitness
Lawsuit for Skin infections from Gyms/health clubs/fitness centersSkin infections are common at athletic clubs and usually spread instantly due to unsanitary conditions particularly in densely moist areas including locker rooms, shower rooms, steam rooms, saunas and swimming pool facilities. Such infections can also occur after contact with unclean equipment. Gyms are required to keep such areas clean to avoid not only the spread of infection, but also as a preventative measure. Skin infections from athletic clubs, gyms or health clubs are both unhealthy and can cause mild to serious injuries. Such injuries can cause loss of earnings, work, discomfort, pain and suffering and other harm. Injuries attributed to skin infections can include minor discoloration to serious. Of the types of skin infections which are related to gym use the five most prevalent include:
- Acne Mechanica;
- Turf Burns/Road Rash;
- Fungus Athlete’s Foot;
- Indoor Training.