For many people, membership in a gym or health club is an important part of staying fit and healthy. While we go to the gym to get in shape, unfortunately, we can also get injured. Gyms can be a dangerous place, and people can sustain injuries ranging from bumps and bruises to fractures and even life-threatening injuries. Injuries can occur in a number of different contexts in a gym environment from unsafe premises to negligent staff.
Unsafe Gym Conditions
If you are injured while working out at the gym, it doesn’t always mean that the gym is liable. However, gyms have a legal duty to keep their premises safe and reasonably free from dangers. There are some common situations where a gym may be responsible for injury:
- Defective, broken or improperly maintained gym equipment such as treadmills, elliptical machines, and weight machines
- Wet or uneven floors
- Debris and equipment left in high traffic areas
- Improper spacing between exercise equipment
- Use of unqualified personal trainers or fitness instructors
- Negligent hiring and failing to train staff properly
- Failure to warn of potential risks involved in the use of exercise equipment
Even if the gym owners were not immediately aware of an unsafe condition, they can be held liable if proper observation or inspection would have uncovered the condition.
What if I Signed a Waiver?
Many gyms require members to sign a waiver releasing the gym of any liability for injuries sustained on their premises. However, these waivers are not blank checks allowing a gym to injure its members. Gyms still have an obligation to keep their premises safe and secure. New York General Obligations Law section 5-326 may invalidate waivers that try to exempt the gym from liability for their own negligence, or the negligence of their employees if you paid a fee to use the gym.
Product Liability Claim
In addition to injuries being caused by the negligence of the gym company or employees, injuries can also result from equipment that was defectively manufactured, designed, or marketed. If equipment is poorly designed, shoddily manufactured, or fails to contain proper warning labels or instructions, the manufacturer may be held liable for any injuries caused by the defect.
If you’ve been injured at the gym, you should have an experienced 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.