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Personal Injury Blog

Can You Sue Your Gym After Being Injured?

Posted August 15, 2019 in Uncategorized

Product Liability Lawyer

If you are injured, it is natural to desire compensation for your suffering. But what happens if you are injured at a gym? Is it possible to file a personal injury lawsuit against your gym to hold the owners accountable? The answer is far more complicated than you might think, but the general answer is that it depends on the situation. It is always a good idea to speak with a personal injury attorney to get information specific to your unique situation. No two cases are the same, so you will never be able to find all your answers online.

The Waiver

It is almost guaranteed that you signed a waiver when you joined the gym. This waiver limits the gym’s liability in some way to protect against lawsuits. That being said, it is possible that you still may be able to sue the gym. If you have a copy of your waiver, review it carefully. If you do not have a copy of the waiver you signed, you should be able to receive a copy if you ask for it. You should review the waiver with your attorney as soon as you can.

There are essentially three types of waivers that you might have signed:

  • Waiver of all liability – This waiver would say that the gym can never be held responsible for any kind of injury. However, just because you signed it does not necessarily mean it will hold up in court. If it is too broad, it may be found to be unenforceable.
  • Waiver of some liability – In all likelihood, the waiver will protect the gym against some kinds of injuries, but not against others. In this case, it is simply a matter of determining whether you injury falls into the right category.
  • Waiver of malicious acts – This waiver would attempt to protect the gym against employees intentionally harm you. It is unheard of for this kind of waiver to hold up in court.

Gym Owners’ Responsibilities

Assuming your gym has a reasonable and well-written waiver, you likely will not be able to sue for most kinds of injuries. If it was an accident or the fault of a gym attendee, then the gym holds no liability. However, you will likely have a strong case if your injury was the result of malicious actions or lack of maintenance. Gym owners are legally required to create a safe environment and maintain the facility and all the equipment. Failing this responsibility may be grounds for a lawsuit. You will need to speak with your personal injury lawyer in Salt Lake City, UT to know for sure.

 


 

Thanks to Rasmussen & Miner for their insight into personal injury claims and suing your gym after being injured.

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