Legal Assistance for Fitness Enthusiasts
You go to the gym to tone up, burn calories, build muscle, and generally get in better shape. The last thing you expect is to suffer a severe injury. But gym-related injuries do occur and can lead to serious consequences. If you have been hurt at the gym in an accident that was someone else’s fault, you may have a personal injury claim for compensation and should not hesitate to contact the lawyers at the Tenge Law Firm, LLC at (303) 665-2929.
Liability at Fitness Centers
If injury results from a hazardous condition at the gym, the liable party in Colorado is the person who has control over the gym, whether it is a local business or large franchise. Property owners or operators have a duty to take reasonable steps to inspect the property for any dangerous conditions and remedy those conditions in a reasonable amount of time or warn visitors of the danger. Other potentially liable parties may include trainers, other members of the gym, and third-party contractors responsible for maintaining and inspecting the equipment.
What About Waivers of Liability?
Typically, to join a gym, you must sign a waiver of liability for the benefit of the business. However, it must be an informed waiver. If an unexpected, dangerous condition existing on the property caused your accident and injuries, the waiver may not apply, as you were not informed in advance of the danger.
Holding Gym Staff Accountable
Under state law, employers are responsible for the actions of their employees while workers are on the clock. This falls under the doctrine of respondeat superior – a Latin term meaning “let the master answer.” Under this doctrine, a party has vicarious liability for the acts of its employees. If a gym employee caused your injuries, such as by neglecting to warden off a faulty treadmill or clean up a spilled water bottle, you could still sue the gym for damages.
Can a Trainer Be Liable for Your Injuries?
A trainer could be liable for your injuries if he or she was negligent in the performance of job duties. For example, if while working with you, a personal trainer instructed you to lift too much weight, causing injury to your back, the trainer may be liable. Alternatively, if you informed them of specific medical or physical conditions that limits your mobility, and they disregard this during your training, they could also be liable. The test is whether the trainer did what a reasonable trainer would do under the same or similar circumstances.
What If Another Gym Member Caused Your Accident?
Gyms require members to follow certain safety measures when on the premises, such as safely re-racking weights, only lifting weights and equipment when it is safe to do so, and not dropping weights on the ground, which can cause broken bones if they land on someone’s foot or ankle. Any negligent actions taken by a gym member that causes an injury can result in a liability claim and compensation.
What Are Common Types of Gym Injuries?
Injuries at the gym can occur in a variety of ways, including:
- Slip and falls on wet floors, often caused by spilled water bottles
- Failure to properly maintain or disable faulty gym equipment
- Gym equipment product defects (product liability)
- Unsafe conditions on the property (premises liability), such as faulty elevators and handrails
- Personal trainer negligence
- Negligent hiring or training
- Reckless or negligent fellow members of the gym
Filing a Suit in a Gym-Related Injury
If you want to recover compensation for a gym-related injury, you have the burden of proving who caused your injury and how they caused it. This includes collecting evidence, determining liability, establishing negligence, and negotiating for compensation with insurance companies or going to trial. These extensive procedures may seem like an intense, draining workout – which is why you should reach out to a Boulder personal injury attorney who is ready to take on the challenge.
Our thorough and detailed attorneys at the Tenge Law Firm, LLC have the knowledge and experience to take on your gym-related personal injury claim. Whether liability lies with other gym members, a fitness trainer, or an equipment manufacturer, we will review all evidence related to your injury to ensure you receive full compensation. Call us at (303) 665-2929 to schedule a free evaluation of your case.