Your Rights if You're Injured at the Gym

Your Rights if You’re Injured at the Gym : Going to the gym is a great way to stay in shape and improve your overall health, but accidents do happen. You may follow all the rules and still suffer a serious injury while working out. Gym injuries can be caused by several factors: defective equipment, a slippery floor or poor maintenance such as loose tiles in the locker room. If you do hurt yourself, it’s important to know your rights and what steps you can take to protect yourself.

First, seek medical attention immediately. Even if your injury seems minor at first, it’s important to have it evaluated by a medical professional. Some serious injuries, such as concussions may not be immediately apparent. Doing so also provides a record of your injuries that can be used when filing a personal injury claim against those responsible.

Next, inform the gym staff of your injury since you’ll want to fill out an accident form. Make sure to document the details of the accident, including the date, time, and location, as well as any witnesses who may have seen what happened. Get the name of the staff member that helps you. If you’re physically able to, take photos of the area also.

Your gym may have signs warning they aren’t liable for injuries. Most also include some language to that effect in their membership contract. However, they are still responsible for maintaining a safe environment and providing equipment that is in good working order. If they fail to meet this duty of care, and you are injured as a result, you may be entitled to compensation.

To prove negligence, you must show that the gym had a duty of care to you, that they breached that duty, and that their breach caused your injury. For example, if you slipped and fell on a wet floor that had not been marked with a warning sign, the gym may be held liable for your injuries because they failed to provide a safe environment. On the other hand, if you injured yourself because you used equipment improperly, you likely wouldn’t have a case.

Attorney J.J. Dominguez of The Dominguez Firm stresses the importance of taking legal action quickly, “Consult with a personal injury lawyer as soon as possible. There is a time limit, legally known as the statute of limitations for filing a claim. It varies by state. In California, it’s two years from the date of your gym accident, in New York it’s three years. Also, waiting hurts your case. Vital evidence will be lost, you could lose contact with witnesses and defense attorneys will invariably question why you waited so long to file.” He continued, “You’ll need a personal injury lawyer. If you fell, which is the most common type of gym accident, preferably a slip and fall attorney,” he concluded.

If you do decide to pursue legal action, there are a few things to keep in mind. First, do not speak to the gym’s insurance company or sign any documents from them. Insurance companies are often more concerned with protecting their bottom line than fairly compensating injured parties. If they can get a person to take a low offer, they will, regardless of the seriousness of the injuries. In short, all communication should be through your attorney.

Second, document everything. Keep track of all medical bills and receipts, as well as any other expenses you may have incurred due to your injury. Among the types of compensation you could be entitled to are medical expenses, lost wages, and pain and suffering.

If you suffer a serious injury at the gym, know your right and how to protect them. Waiting for the insurance company to do the right thing is usually a bad idea. Instead, seek the help of an experienced personal injury lawyer. Let them deal with the insurance company so you can concentrate on feeling better.