When you go to the gym, you may worry about injuries caused by improper exercising techniques. You may not realize that you can also be injured by unsafe conditions at the gym. Gym owners and managers have an obligation to keep their premises safe and free from any known hazards. If they fail to do so and someone is injured, they may be held liable.
Common Causes of Injuries at the Gym
While injuries at the gym can happen anywhere, there are some common situations that arise, including:
- Improperly maintained fitness equipment—gym owners are responsible for inspecting and ensuring that the equipment they offer their members is safe for use.
- Defective equipment—a manufacturer or distributor of equipment may be held liable if an injury is caused by a defective design or defective manufacturing of the equipment or if there is a failure to warn of potential dangers associated with the use of the equipment. This would be a product liability claim.
- Rips, tears, or uneven flooring—as in any premises liability case, a gym must ensure that there are no defects in their flooring that can lead to injury.
- Spills and debris—if an injury is caused by a slip and fall on liquid or debris on the floor, the property owner may be held liable if they were aware of the dangerous condition.
- Use of unqualified trainers or fitness instructors—if you take a class from with an unqualified trainer and instructor and become injured, you may have a claim against the gym.
Often when you join a gym, you are asked to sign a waiver releasing the gym of liability for any injuries on their premises. However, these waivers do not give the gym the right to cause injuries to their members without consequence. All gyms have an obligation to keep their premises safe for members and visitors. New York General Obligations Law section 5-326 may make a waiver invalid if it tries to exempt a gym from the consequences of its own negligence or the negligence of its employees if you pay a fee to use the gym. An experienced personal injury attorney can navigate the nuances involved with gym waivers.
Contact a New York Personal Injury Attorney
If you’ve been injured at the gym, you should have an experienced personal injury attorney evaluate your case. At Bonina & Bonina, P.C., we have over 50 years of experience helping injured New Yorkers. Contact us online or call us at 1-888-MEDLAW1 to schedule your free consultation. Home and hospital visits are available. Se habla español.