During the month of January, gyms across the country see hoards of new clients, most of which have made getting fit one of their New Year’s resolutions. To take advantage of this influx, many gyms offer discounted rates and special packages to new clients. It can be easy to overdo it when first starting out at the gym, and many people are injured in the process. Higher gym enrollments often mean an increase in gym-related personal injury claims in January.
When people are eager to see results fast, they can make mistakes that will have lasting consequences. Many people are injured because they do not know how to use certain pieces of equipment. Others are injured because they have pushed themselves to hard. In most cases, neither of these types of incidents would be eligible for gym-related personal injury claims. Gym-related personal injury claims are typically filed when the person has a slip, trip or fall on a wet or dangerous surface.
It is important to understand that just because you got injured at a gym, it doesn’t mean that you can sue the facility with gym-related personal injury claims. While there is a legal duty for the proprietor of a gym facility to provide a safe environment for people to undertake the service they are offering, they are often not responsible for a personal injury unless it occurred due to their negligence. Likewise, a personal trainer is not usually liable if a person injures themselves during a training session.
However, there are some instances where gym operators may be liable to their members. It generally depends on the circumstances in which the injuries took place. To be entitled to make a personal injury claim, it must be proved that the injury was a result of negligence or a failure in duty of care. If the liable party failed in their duty, you could be entitled to take legal action and receive compensation.
For a gym-user to bring gym-related personal injury claims against a proprietor or employee, certain criteria must be met. It must be proven that there was a duty of care owed by the party that caused the alleged injury to the injured party. It must also be proven that the claimant sustained an injury that has been caused by a breach of that duty. Where large-chain leisure facilities are involved, it is typical for the matter to be settled by the parties’ insurers. Court proceedings are usually only undertaken if there is a dispute between the parties.