Gym Injury Lawyer

Our law firm often fields calls from individuals who have questions about gym injuries. These questions include:

• Who is liable for an injury at gym?
• Who is liable for gym injury?
• Can I get around the waiver for a gym injury?
• Who is liable for broken equipment at a gym?

In essence, liability falls on the property owner or property manager. If you were hurt because the workers did not ensure that the gym equipment was maintained, or if there hazards in the gym, you could file a claim against the company.

Premises liability lawsuits can be filed if you can prove you were rightfully on the property and there was negligence involved. All guests fit one of three categories. They are as follows:

• Invitees are individuals who are present on the property for their own personal benefits or to exchange goods; generally, customers and patrons fall under this category, and they are afforded the highest duty of care from the property owner
• Licensees are generally considered social guests and are expected to be somewhat comfortable with the property; they are afforded slightly less of a duty of care
• Trespassers are individuals with no legal right to be on the property, but they must not be harmed or have traps set for them

Once you establish what kind of guest you are, you can then establish the responsibility of the property owner. There are three ways you can show that the property manager was negligent, which are listed below:

• The property manager caused the issue at the gym
• The property manager was aware of the hazard or problem, whether with damaged equipment or structures, and but did nothing to fix it or did not provide any adequate warning signs to guests
• The property manager was not aware of the issues, but had he been reasonably attentive, he would have noticed

If you signed a waiver, it likely would have only protected the gym from injuries that happened to you that you suffered of your own accord. For instance, if you decided to put entirely too much weight on a bar and it fell on your chest, you cannot reasonably blame the gym. However, if you were using a machine with manageable weight and the machine broke, the liability waiver would not hold up.

In California, you have 2 years from the date of the injury to file a personal injury claim. Premises liability claims fall under this umbrella. If you do not sue within that time period, your claim will be rendered void and you will be unable to receive any compensation now or in the future. Therefore, it is crucial that you act quickly and you do everything you can to get your evidence collected and get started on your claim.

There are some situations in which the statute of limitations can be extended beyond the deadline, however. For one, if you were underage at the time of the incident, you can wait until you turn 18 years old to file a lawsuit. Minors cannot legally sue, but a parent or guardian can sue on behalf of the minor. The best route should be discussed with an attorney. Additionally, the injuries may have left you incapacitated or unable to sue while in your current state; therefore, the statute will not count down until you return to health or awareness. Finally, the property owner must be present in California, or the statute will be frozen until he returns.

Many claims do not get filed because individuals fail to recognize that there is a statute of limitations and they try to take action way too late. You can ensure that this does not occur by speaking with an attorney and determining how much time remains on your claim.

Compensation from a Gym Accident

The value of a gym accident lawsuit will be determined by the insurance agent handling the claim. He will look at the extent of your injuries, how severe they were, the impact and effect they had on your life and career, how responsible or liable you were for the incident occurring, your age, your job type, and much more. He will then make an offer after considering all of these factors. Generally, the insurance agent will make a low offer in the attempt to get you to agree to it. He does not want to cost his company any money, and by offering low amounts, he can ensure that he preserves profits. We will negotiate a better deal for you and will see to it that you receive maximum coverage, which can include the following:

• Medical bills from the past and future for hospitalization, surgery, anesthesiologist fees, ambulatory transportation, physical therapy, medication, and more
• Property damage for any personal items lost or damaged in the incident
• Lost income from the time you could not work, whether in the past or the future, which can include lost bonuses, benefits, commissions, and more
• Pain and suffering damages for emotional trauma, mental scarring, anxiety, fear, PTSD, and more

You should not try to handle the claim by yourself if you have no legal experience. Our expert attorneys can take on the legwork so that your case is a success. You should focus instead on healing and returning to normal life.

The value of a gym injury case depends on many factors that are unique to each accident. Thus, we cannot give an average value that works for every case. Here are some of the factors that determine the value of a gym or health club accident claim:

• The victim’s age
• The number and types of injuries.
• Potential for recovery from the injuries.
• Permanent effects from the accident, including disability.
• The cost of medical treatment for the injury, as well as future treatments.
• The victim’s level of pain and suffering.
• Lost wages from job loss or time off from work.

To give you a better understanding of how this works, consider the following examples of past settlements:

1. A 45-year old dance instructor named Melinda suffered extensive damage to her right knee when she slipped and fell at her local gym. Melinda needed multiple surgeries and months of physical therapy before she could walk normally. However, she can no longer work as a dance instructor or do many other things she enjoyed before the accident. Melinda’s case was settled for $1.8 million.

2. Harry, a 24-year-old computer technician, fell off a stair machine that malfunctioned, causing him to fall backwards and hit his head on a portion of the floor that was not covered by a mat. The impact caused traumatic brain injury, which affected his memory and motor skills. He recovered $4.2 million in damages for his financial and emotional losses.

As you can see, settlement amounts in gym cases vary considerably based on a client’s personal circumstances. For a valuation of your own case, please speak with one of our attorneys.

Length of Time it Takes to Settle a Gym / Health Club Accident Claim

How long does it take to get paid on a gym injury claim?” is a question we get from just about every client that comes through our doors. As it is with case values, there is no universal number of days, weeks, or months that works for every injury claim. We’ve had cases with minor injuries that were settled in less than 6 months. However, many of our clients have serious, life-altering damage that makes their case much more complicated. Because of the high settlement values in these cases, gyms and health clubs will fight much harder during negotiations. As a result, it could be over a year before a fair settlement amount is reached.

In extreme cases, your case may go to trial, though you will likely be scheduled for a settlement conference by the courts to try and reach an agreement before the trial date. But getting to that point could take two years or more, which is undeniably frustrating when you’ve been injured through no fault of your own.

The lawyers of Normandie are dedicated to recovering the compensation you deserve, no matter how long it takes. Part of that process involves consistent communication with our clients and reassuring them that they’re on the right path.

Why Choose Us

The Downtown LA Law Group is home to a number of expert attorneys with decades of combined experience in premises liability law. We have handled many claims where companies have had visitors sign waivers; however, just because you sign a waiver, that does not excuse the company from wrongdoing or liability. Many waivers are drawn up illegally or have no real ground. We will ensure that your case is a success, and our aggressive attorneys will go to court if necessary to prove that the gym is liable for your injuries.

To set up a free legal consultation, call our law offices today. We will walk you through the legal process and make sure you understand how it will unfold. If you have questions, we’ll gladly answer them. Additionally, if you hire us to represent you, we’ll give you our zero fee guarantee. This means that you won’t have to pay us a dime out of pocket for our services. We will cover all the expenses ourselves, and if we win, the gym covers our fees. If we lose, you owe us no money at all.

To sue a gym for injuries, contact the Downtown LA Law Group today.

Other Pages on Our Website Related to This Topic
Treadmill Gym Equipment Injury Lawyer
Fitness Center Gym Accident Lawyer