Defending Your Custody Agreement: Protecting Your Education Choices

Gym Injuries: How To Get Compensated

13 November 2015 by Daryl Young

When you join a gym, you look forward to working towards your goals of health and fitness, but sometimes a gym can be anything but a healthy experience. While most workout facilities realize that it's in their best interests to keep their clients safe, gyms are chock-full of potentially dangerous situations and equipment. Just visualize any gym; wet areas near pools, spas and saunas, heavy weights, complicated machines and other hazards lurk there. If you have encountered less-than-safe conditions, or perhaps even been injured at your gym, read on to learn about how to be compensated fairly.

The Waiver of Liability

Signing off on a waiver of liability is common when joining a new workout facility. In fact, it's very likely a requirement for gaining membership. These documents have become so commonplace, that it's difficult to participate in most any activity, from sports clubs to renting a picnic pavilion for a party without encountering this document. Many people give these documents only a cursory glance, however.

These documents specify that, by signing, you acknowledge the risks associated with certain activities and that you will not hold the gym liable for your injuries, either financially or legally. After all, gym owners know that gyms can be dangerous, and this document gives them some protection from people who get hurt while on gym property.

Two Types of Waivers

If you have been injured at a gym after signing a liability waiver, you may still be able to sue for damages, depending on the type of waiver you signed. The issue comes down to the enforceability of a given waiver, and there are two basic types of waivers.

1. Waivers of Negligence: This type of waiver generally covers the behaviors and actions of the members of the gym, rather than the management of the gym. For example, if a gym member injured themselves by using a piece of equipment incorrectly, despite being given proper instructions, they likely do not have a case for suit. The courts will usually side with the gym management on matters where the member themselves acted negligently.
2. Total Waiver of Liability: These waivers give blanket protection to the gym for any and all injuries that occur on their premises. Many times the courts will rule that these types of waivers are simply too broad and vague to be enforceable.

Regardless of the type of waiver you signed, if you have been injured at the gym contact a personal injury attorney as soon as possible. Waivers are not meant to allow businesses to subject their customers to unsafe conditions, so make sure that you don't miss out on an opportunity to get fairly compensated.

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