If you’ve ever been to the gym in the weeks following New Year’s,
you have likely seen at least one eager gym-goer who has plenty of zeal
but no apparent knowledge of proper form, especially when it comes to
exercise machines. Unfortunately, this often results in serious injury.
Is My Gym or Fitness Club Liable for My Injuries?
If you injure yourself in a gym because you are careless and don’t
take the time to learn how to use an exercise machine properly, filing
a lawsuit against your gym likely won’t get you very far. However,
if you were hurt at least in part due to factors outside your control,
you may be able to hold your gym responsible for the costs associated
with your injury and recover compensation for the damages. Here are a
few points to consider before filing a lawsuit against your gym:
Were you injured because of your own error?: If you lost your grip on a weight and dropped it on your foot, you will
likely not be able to prove that your gym is responsible for your injury.
Your gym also cannot be held responsible if you use exercise machinery
improperly or don’t take necessary precautions while using the facilities.
Were you injured because of unsafe conditions?: Your gym is responsible for making sure the facilities are clean and
addressing environmental hazards. You may be able to hold your gym responsible
if you slipped and fell on wet floors, contracted a serious infection
due to unhygienic cleaning practices, or were injured as a direct result
of poorly-maintained or broken exercise machinery.
Were you injured because of faulty or defective exercise equipment?: While it is true that your gym is responsible for ensuring the safety
and functionality of fitness machines, the injury you experienced could
be the result of a manufacturing error. In such cases, you may be able
to hold the manufacturer and retailer accountable for your suffering and expenses.
Were you injured because of a gym employee?: If your injured occurred because you directly followed the advice or professional
recommendations of gym or training staff, you may have a viable law suit
against your gym. This may also be true if you were involved in an accident
with a staff member.
Can I Sue My Gym if I Signed a Liability Waiver?
Don’t assume that you are not able to take legal action against your
gym just because you completed a liability waiver. Your liability waiver
does not absolve your gym of personal injury liability in cases where
it can be proven directly responsible. If you are concerned your liability
waiver prohibits you from filing a lawsuit against your gym, let our
personal injury attorneys at
Golomb & Honik, P.C. review it with you and help you decide how best to proceed.
Filing a Consumer Class Action Against Your Gym
If other consumers have been injured at your gym or have similar complaints,
a collective effort to hold your gym accountable may be beneficial. Our team of
experienced class action lawyers can help you identify other parties who have been negatively affected
by your gym’s harmful practices and decide whether filing a consumer
class action against your gym is the best move forward.
Let Us Handle Your Case—Talk to a Philadelphia Personal Injury Attorney Today
We are here to help all injured gym-goers in Philadelphia, regardless of
how you sustained your injury or whether you know of other people who
have had a similar experience with your gym. Speak with a member of legal
team in Philadelphia right away if you have been injured at your gym and let
Golomb & Honik, P.C. help you build your best case.
We offer case evaluations free of charge. Contact us
or call (215) 278-4449 to schedule yours.