Plenty of people enjoy going to the gym. It feels good to feel the burn and to know that you are doing something good for your body. However, feeling some serious pain due to an injury sustained while at the gym is a problem. If you get hurt at the gym, you might need to get a personal injury attorney NJ involved. The Law Offices Of James C. DeZao will go over what to do and what to expect when you sustain injuries while working out at the gym.
Find Out If the Fitness Center Is at Fault
Sometimes injuries are sustained at gyms because people choose to overdo it. They might push their bodies a bit too far, lifting weights that are too heavy for too long or staying on the treadmill for much longer than they should have. While this can happen, other injuries occur due to the fault of the fitness center. A personal injury attorney NJ would be able to help you. He can find out if the fitness center and its employees are somehow at fault of causing you to get hurt and end up with injuries.
Can You Sue For Gym Injuries?
In a recent study by the Journal of Strength and Conditioning Research, 73.5 percent of participants sustained an injury while doing CrossFit. The injury rate for CrossFitters is quite similar to that of those exercising at the gym.
It is important to take precautions while working out and ensure that you do not injure yourself. Equipment malfunction, not stretching, and poor cleaning can cause harm.
Whichever the cause of your injury is, you may have a case. Here is more information regarding gym injuries and what it may mean for you.
Liability Waivers
Like most companies, gyms have a responsibility to keep their premises safe. However, if you signed a liability waiver before registering for a gym membership, this may affect your lawsuit. Injury liability waivers attempt to limit equipment liability and possible employee negligence. Some injury liability waivers will attempt to provide total immunity from potential lawsuits. These clauses may not hold up in court. Your case can be strengthened or weakened depending on what you have signed.
If you have not yet registered for a membership and are contemplating doing so, read over the contract before signing. It is essential to know your rights.
Recent Developments
A precedent was established in the N.J. Supreme Court ruling Stelluti v. Casapenn Enterprises.
Gina Stelluti acquired a membership at the Powerhouse gym. She was injured within an hour while using a bicycle during a spin class. As she was instructed to stand on the pedals, the handlebars were detached, causing injuries to her neck and back due to her fall. Stelluti sued the gym for negligence.
The defendant argued that Stelluti had agreed to the terms of the agreement, the Waiver and Release Form. Among the various conditions stated in the form, the release of liability from “the sudden and unforeseen malfunctioning of any equipment” was listed. This clause was enough to protect the Powerhouse Gym.
The Supreme Court decided that Stelluti’s claim that she did not read or understand the contract was insignificant. The New Jersey Supreme Court ruled that the gym was not liable for injury after the waiver was signed.
Winning your Case
In some cases, specific claims stated in liability waivers can impact the case, but this is rare. Most gym memberships do not grant full immunity from potential injuries, and gyms can be successfully sued for gross negligence.
There are two types of negligence when it comes to personal injury: ordinary negligence and gross negligence. Ordinary negligence is the failure to act carefully in fulfilling the obligations that the individual or company has to secure the safety of others.
Gross negligence, on the other hand, refers to the conscious choice to dismiss the obligation that the individual or company owes to others. Liability waivers cannot protect from claims of gross negligence.
Companies are not allowed to harm their clientele intentionally. In addition, if a gym was warned and did not listen, that may be gross negligence. If you prove that your gym injury was gross negligence, your case will have a higher chance of winning.
It is safe to say that you must always note what you are signing when you get a gym membership. The liability waiver may be limited, but it can also impact your case if you ever have an injury.
Can I Sue a Gym for Faulty Equipment?
Sometimes accidents that occur at fitness centers are caused by a lack of maintenance or faulty equipment. If gym employees or managers knew that the equipment was malfunctioning and they failed to warn their guests, they could be at fault for causing your injuries.
However, if there was an inherent defect or danger in the gym equipment that caused your injury, then the manufacturer or designer may be held liable.
What Steps Are Taken After Injuries at the Gym?
The NJ personal injury attorney that you hire will help you go through the steps involved. That includes proving that the fitness center and its employees owed a duty of care. And that they failed to provide the level of care required, and were negligent in some way.
There may be footage from the fitness center that shows exactly how your injuries happened, which will come in handy when you are pursuing a lawsuit to get compensated for your injuries. Your attorney would put as much evidence together as possible to help get you the compensation you deserve for what you have experienced while simply trying to stay in good shape by working out at the gym.
Hurt at the Gym? DeZao Law Can Help You
Were you hurt at the gym and asking yourself, “Can you sue a gym for injury?” If so, you need to contact DeZao Law today. Injuries sustained at the gym while working out may have occurred due to negligence on behalf of employees working for the fitness center. We would like to get to the bottom of the situation and help you get compensated for your injuries. If you want to take legal action, contact our office today at F:P:Sub:Phone} to book