Fitness Center Injuries That Could Be Compensable Despite a Signed Waiver
If you have a gym membership, you likely signed a waiver to become a member. Unfortunately, many individuals sign waivers without taking the time to thoroughly read and understand the gym waivers. There are usually clauses in these waivers that explicitly state that if individuals are injured on the premises the gym will not be liable for their injuries.
Waivers are documents that gyms use to protect their interests. Individuals who sustain injuries at fitness centers may assume that they do not have any recourse to receive compensation because of signed waivers. However, this is not always the case. Certain situations can make the contractual agreement null and void.
If negligence can be proven, injured parties may be able to receive compensation for their injuries. The following points will help you to better understand this complex situation.
1. Faulty Equipment
Fitness centers have an obligation to their members to ensure that their facilities are safe. This means that they should routinely inspect equipment. Tag equipment that has been determined to need repairs. Even a minor repair issue can result in bodily injuries. These injuries can be as severe as broken bones or head injuries. Aged equipment may also stop working and cause an injury to occur. If the owners of the gym do not take action before an accident happens, their actions can be deemed negligent.
2. Slips, Trips, and Falls
Slippery surfaces can cause individuals to slip and fall. Freshly mopped areas should be clearly marked with warning signs. Running cords and equipment such as weights on the floor can lead to trips and falls. Gyms must have adequate staff monitoring the premises to identify issues. Otherwise, an injury resulting from these circumstances could be viewed as negligent.
Imagine going to the gym and having a heart attack. If there are not trained staff members or members of the gym to render lifesaving techniques, you could die. It is the responsibility of the gym to ensure that they have trained individuals to handle these types of emergencies. They should also have equipment such as defibrillators on hand due to the nature of the business.
A personal injury attorney is a good resource to use if you get injured at a gym. They can carefully review the events that led to your injury and determine if the injury could have been prevented. These complex cases require legal representation because the gym will likely have attorneys who attempt to use the waiver as their strongest piece of evidence.