Premises Liability At The Gym

October 22, 2015 | Attorney, Matthew Dolman
Premises Liability At The Gym Just recently, a funny story came out in the news about a Clearwater man stuck at a close LA Fitness gym complex. Nick Clayton posted a video on Facebook this past Saturday afternoon from inside the gym located on State Road 580. In the video, he's emotions are running haywire because he cannot believe that he was locked inside of the gym. He said that no one came to check the locker rooms before they closed up and that he was in the sauna until around 5 pm. According to the LA Fitness website, the majority of Tampa Bay operates on an 8 am to 8 pm weekend schedule, with an exception of a select few. Even then, it's very strange for a major fitness complex to close that early on a weekend when most people have the time to exercise or at an hour when people who are working usually head to the gym. Fortunately, he laughed it off and was able to get out with the help of LA Fitness employees from a nearby location. However, this incident could have turned into a lawsuit from the company claiming Clayton was hiding in the locker room to get financial compensation for any damages they may have occurred or a lawsuit from Clayton himself claiming slip and fall. A More Serious Matter Another man who was locked at a different LA Fitness in 2012 filed a lawsuit for his injuries sustained while unable to get out of the locker room. Boris Nikolaevsky of Hatboro in Pennsylvania had the lights turned out on him whilst cleaning up after a workout in the men's locker area. This allegedly caused him to slip and fall into a puddle of water as well as set off the alarm when he left the building. Usually, gyms have a strict contract when signing up for membership to prevent any lawsuits from occurring. These contracts cover all the dilemmas that could possibly happen when then gym is operating. However, due to the fact that the employees were negligent when Nikolaevsky was locked in the locker room and caused him to slip in fall because of the limited visibility due to the lights being turned out; this gym-goer has a legitimate case not covered by the contract. To find liability, a victim must show that the owner or possessor of the property and/or building either created an unsafe condition on said property, or knew of a hazardous condition and failed to fix it. A victim can also prove the situation was there for so long that the property owner should have known about it. Therefore Nikolaevsky would have a difficult time proving that an employee had seen the puddle and ignored it, or showed that it was an employee who spilled the water because of no witnesses at the scene. However, he would probably not have a hard time showing that locking him inside the locker room with the lights turned off contributed to him slipping on the floor. The lights' being off is perhaps a condition caused by the building's possessor. Dolman Law Group Accident Injury Lawyers, PA If you or a loved one has suffered a premises liability injury, you should speak with an experienced attorney to ensure that your legal rights to compensation are fully assessed and protected. The first step is to contact a lawyer for a free analysis of your claim, with absolutely no obligation. If it is determined that you have a valid claim, the premises liability lawyers at Dolman Law Group Accident Injury Lawyers, PA will fight to win your case. The gym should not be a stressful time and their owners are responsible for the people in it.  Call our office today for a free consultation at 727-451-6900.  Dolman Law Group Accident Injury Lawyers, PA 800 North Belcher Road Clearwater, FL 33765 (727) 451-6900


Matthew Dolman

Personal Injury Lawyer

This article was written and reviewed by Matthew Dolman. Matt has been a practicing civil trial, personal injury, products liability, and mass tort lawyer since 2004. He has successfully fought for more than 11,000 injured clients and acted as lead counsel in more than 1,000 lawsuits. Always on the cutting edge of personal injury law, Matt is actively engaged in complex legal matters, including Suboxone, AFFF, and Ozempic lawsuits.  Matt is a lifetime member of the Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum for resolving individual cases in excess of $1 million and $2 million, respectively. He has also been selected by his colleagues as a Florida Superlawyer and as a member of Florida’s Legal Elite on multiple occasions. Further, Matt has been quoted in the media numerous times and is a sought-after speaker on a variety of legal issues and topics.

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