Injuries can happen anywhere. Whether you’re doing something as simple as walking down the street, or engaging in a heated session of high-octane water sports – risk permeates all activities. In particular settings however, the presence of competitive rivalry can increase risk of injury due to the desire to out-perform.
No, were not talking about the sports field.
The location we are referring to is the one you go to after work to decompress, the place where you run for miles without even getting anywhere, that room where you physically challenge yourself and push your mental limits.
Yes, we mean the gym.
As much as the gym is a fantastic place to blow off steam, trim down, bulk up, and transition into a healthy headspace, it is also a place where injury occurrences are common.
If you’ve been injured at the gym, it can be tricky to get to the bottom of the case. Who is to blame? The manufacturer of the machine you injured yourself on? The gym owner who failed to maintain the machines? Or does the responsibility fall upon you?
Did you Sign a Waiver?
People injure themselves at the gym frequently due to dated and/or faulty equipment and careless management teams. However, most gym owners are aware of the risks that their facilities pose, and ensure that prospective gym members sign liability waivers that release them off any responsibility if an injury occurs. If you’ve been injured in an accident that was clearly the fault of your gyms’ slipshod management, but you signed a waiver, your case will be much harder to prove.
Furthermore, if you signed a liability form, your gym owner likely has no legal responsibility to provide you with the gym’s insurance information. However, it’s still wise to ask and try to get in touch with the company to see if you are eligible to receive a gym insurance settlement.
This is the optimal route to take, as gym-related injury claims are often dismissed before they reach trial due to the waivers that were signed by the injured before the accident occurred.
Don’t give up yet
Although gym-related injury claims can be hard to prove, loopholes residing in the waiver signed can often be the key to receiving the compensation necessary for your healing process. These loopholes can include:
- Vague Language: When the waiver was too confusing for the prospective gym member to fully understand what they were signing.
- Gross Negligence: When the gym owner displays zero care for the safety of his or her gym members to the point where it appears they are deliberately violating their right to safety. In order to win your case on a gross negligence claim, you must tie the injury you experienced to the negligent act that was committed by the gym owner.
Build your Case in the Moment
If you happen to become injured in the future at the gym, it’s imperative that you act quickly and strategically. Moments after the injury, if you are physically able, ensure that you take pictures of the cause of the accident. Furthermore, collect the contact information of any witnesses, so that you have them for testimonial purposes when the time comes.
While seeking compensation for a personal injury is a noble thing that sufferers can do for themselves after they have been involved in an accident, it is not always an easy path to retribution. Working with a personal injury lawyer who can assist them throughout the legal process, providing solid advice and strategies to win their case, is the best move to be made.
Fast dial #1000 free from your cell and we’ll get you the support you need.