Accidents are always bound to happen, and the gym is not the safest place in the world. If you own gym membership and you go there frequently, accidents are a given. After all, you’re not the one in charge of the equipment, so you can’t check it out before using it.
If the owners have been neglectful when it comes to checking whether the equipment is faulty or not, you could get injured at any moment. So, what can you do if an unwanted scenario occurs? Let’s find out!
Waivers of Liability
Nowadays, gym owners require members to sign contracts that contain liability waivers. This means that you can’t hold them responsible for whatever happens. They are legal contracts that prohibit gym members to file legal action against the management or ownership of the gym.
It’s important to read the liability waiver before joining your local gym. Make sure to ask for a copy that you could take at home to analyze. If you know someone who’s an attorney, they could help you out. However, you can’t join the gym if you don’t sign the waiver, so keep that in mind. It is very rare that employees are allowed to negotiate liability waivers, so don’t rely on that.
If there is faulty equipment and someone happens to be injured, they may pursue legal action against the manufacturer of the equipment. There are certain models that have been discovered to have defects that put the users at high risk.
If you or someone else who is injured decides to do so, you may also file a claim against the gym facility. Products liability attorneys can help you decide whether you should pursue legal action against the facility or the manufacturer.
Your Chances in Court
Is the amount of your damages less than your state’s small claim court limits? In that case, you can file a lawsuit there. However, the gym’s lawyer will file a summary judgment motion, which will be attached to the liability waiver signed by you.
The judge will dismiss your case before you even get to a trial. Even if you succeed in finding an attorney to file a lawsuit in a higher court, the gym’s lawyer can quickly file the motion and ask for the case to be dismissed.
What If You’re Injured Because of the Gym’s Neglect?
The first thing you should do is seek medical care, especially if the injury is serious. Alert the closest gym employee or manager and tell them to call 911. Also, use your phone to take a picture of the scene, and ask for information from any witnesses. Ask them to write what they saw, if there’s enough time.
Gym equipment can be very dangerous sometimes, especially if it’s defective. It could result in the user getting serious injuries. If you signed a liability waiver, make sure to talk to an experienced personal injury attorney and address the matter. He/she could help you with the case.