Gyms are generally quite populated by both patrons and workers. Patrons who use the equipment may not always be safe about it, and they could easily get hurt through misuse or errors. Workers should always be sure to keep the equipment up to date and to ensure that there are no hazards in the gym. However, accidents still happen, and there are many questions that victims have after they’ve been hurt. If you were involved in a gym accident, you may want to know who is liable, how you can sue, or how long you have to file a claim. Our team of attorneys at the Downtown LA Law Group will help you from start to finish to understand your gym accident claim and will work on your case to ensure that you receive a worthwhile settlement.
Causes of Gym Accidents
Accidents at the gym can occur for many reasons. A lot of the workout equipment should be properly maintained, but it is possible that there could be malfunctions. Cables, wires, screws, and other fixtures may be worn out or degraded over years of use with no care or replacement.
Additionally, it is very common for gym-goers to keep bottles of water, protein shakes, energy drinks, and more on their persons. They also have towels to wipe themselves and the equipment off. If anything spills onto the floor, it is very easy for others to slip and fall. This is made worse in areas of the gym that are covered in tile instead of some kind of flooring that can take impact and is not sleek.
Another kind of incident that can happen involves fellow patrons at the gym who drop their weights or bars when near others. They may be using quite heavy weights, and if they cannot hold them after a repetition, they simply drop them. If someone is walking by or is doing his own exercises nearby, the weight scan land on his feet or shins, or he may be hit by the rolling bar.
Some of the injuries that can happen in gym accidents include:
- Internal bleeding
- Traumatic head injuries
- Broken bones
- Torn muscles
- Closed head injuries
- Nerve damage
- Ligament damage
- Knee and hip injuries
Crushing injuries are very common at gyms. This can happen if a weight plate falls on your hand or foot, pinning it to another weight, to a piece of equipment, or to the floor. To combat this, many gyms have machines that simply use cables and pins to keep the weight in place. However, they must be maintained or they will break or become defective over time.
Gym Injury Liability
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.
How long after a gym injury can I file an accident claim?
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.
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.