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When people go to the gym, it’s usually to lose weight, work off stress or a multitude of other reasons that often lead to a healthy lifestyle. With heavy weights, large machines and energetic classes, people get in shape or maintain their health with all that gyms offer. Unfortunately, with any activity, there are potential risks involved. When signing up for a gym membership, there will be a liability waiver to protect the gym from any liability claim that may occur from an accident. Thousands of people are hurt each year in gyms and exercise classes which may result from negligent management and poorly maintained gym equipment or floors. Due to the many scenarios that can happen while working out, gyms have formulated a plan to protect themselves from any claims that may arise. So what exactly are you signing up for?
Liability waivers are legal contracts that effectively forbid members and their guests from filing any legal action against the gym ownership or management. Owners often conceal the waiver of liability in between locker assignment forms, key deposit agreements and rights and responsibilities cautions. Before you decide to join your local gym, read the waiver of liability, ask for a copy to take home and study.
Gyms have no legal responsibility to give you their insurance information. Once you sign the membership contract and waiver of liability, you’re pretty much on your own. The probability in court of you winning against the gym is low due to this waiver. However, the gym’s negligence is clear, there’s a chance the gym’s insurance company may pay for your medical bills. It’s a long shot but definitely possible. It would also not exceed more than $1000. To prevent further action, the insurance company will require you to sign a full release of liability and indemnification against any lawsuit that you may want to file later. Does that mean you are at a total loss? Not completely; there are exceptions to the waiver [1].
Exceptions to the Waiver
- Vague and Ambiguous Language: basically means that the diction used in the waiver was so confusing that a cautious prospective member could not comprehend its terms. This is an uncommon case, since attorneys for gyms, fitness clubs, exercise centers, yoga and Pilates studies, etc., copy typical language that well-structured waivers have stood the test of time.
- Gross Negligence: means that there was inattention in a reckless disregard for the safety or lives of others, which is so immense it appears to be a mindful violation of other people’s rights to safety. If you signed a waiver of liability but believe the gross negligence of the gym or its employees caused your injury, you can maybe pierce the gym’s waiver of liability and succeed with a claim or lawsuit. To do so requires compelling evidence of the gym’s gross negligence [2].
According to the National Safety Council, falls are a leading cause of unintentional injuries nationally and are quite common in gyms. There are many hazards in these locations that can severely harm you and rob you of your quality of life. Some of the common hazards include: floors that are in a bad condition such as bad carpet or broken tiles, wet floors in the showers, by the pool or hot tub and in the gym area, broken equipment and electrical wires or cables causing a trip hazard. These hazards can lead to life-altering injuries, such as brain injuries, broken bones, spinal cord injuries, back problems, etc [3].
Dolman Law Group Accident Injury Lawyers, PA
For a free legal consultation, call 833-552-7274
If you or a loved one was injured in a trip or fall at the gym, and believe it was due to negligence, call Dolman Law Group Accident Injury Lawyers, PA today. Most of us have fallen at some point in our lives, whether due to our own clumsiness or because of a poorly placed object or slippery floor. While most falls are minor and may result in simple bumps or bruises, sometimes they can result in serious injury. It costs nothing to speak to a skilled personal injury attorney for a professional evaluation of your case. When these accidents occur because of the negligence of a property owner or other party responsible for the maintenance of a property, victims may be able to recover for their injuries by filing a personal injury lawsuit. You may be entitled to a large cash settlement for your medical bills, lost income, pain and suffering. Call today while evidence is not obscured and the facts are still clear. The number is 727-451-6900.
Dolman Law Group Accident Injury Lawyers, PA
800 North Belcher Road
Clearwater, FL 33765
727-451-6900
References:
[1] https://www.injuryclaimcoach.com/gym-insurance-claims.html
[2] https://blogs.findlaw.com/law_and_life/2014/01/does-you-gyms-liability-waiver-mean-squat.html
[3] NSC Regional Conferences
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