Who Is Responsible for Injuries at the Gym?

 Posted on March 18,2019 in Personal Injury

Exercise is an activity that many people enjoy, not only for the health benefits but also for relief from the stress of everyday life. Nevertheless, it should be understood that, as with any physical activity, there is a risk of injury while working out at a gym. In most cases, the injury is due to overexertion – sprains, strains, pulled muscles, even broken bones. However, in some cases, the injury is more appropriately attributed to either an employee of the gym or to the gym itself, either a machine breakdown or an aspect of the physical building. If such an injury occurs, retaining the services of an attorney experienced in premises liability can be crucial to obtaining compensation for the costs associated with recovering from the injuries.

Recently, a Missouri jury found in favor of a gym and against an attorney who claimed that a weightlifting coach’s inadequate training caused her to suffer a herniated disc. If you have been injured at the gym, it is important to understand the various options available to you for recovering compensation.

Premises Liability

Premises liability is the legal theory that regulates when a property owner can be held liable for injuries suffered by guests and visitors. If a property owner knew about safety issues and failed to either correct them or warn patrons of their existence, and the person was injured as a result of this failure, the owner may be deemed negligent, and the patron may be able to recover compensation for his/her injuries and other damages.

When Is a Gym Liable for an Injury?

Sports-related injuries happen all of the time. In most cases, someone extending themselves a little too far, such as in the case of overexertion, is not something for which a gym would typically be liable. A gym, however, may be required to take responsibility for any injury which was caused by its own negligence.

Just like any other business, the owners and operators of gyms, health clubs and fitness centers have a legal responsibility to keep their premises safe from any reasonably foreseeable hazards. Keeping fitness equipment in good working order, securing potentially hazardous items like free weights, and cleaning up spills are all tasks that fitness center staff must conduct. When a fitness center owner or operator is aware of a safety issue and does not warn its members or make attempts to correct them, they may be considered negligent.

When a Gym is Not Liable for an Injury

In Illinois, premises liability law states that an owner or operator of a gym may not be liable for an injury if the patron knew about the unsafe condition prior to the accident, the safety condition was obvious, or equipment was used improperly. In such cases, the patron will be required to shoulder the blame for any injuries himself/herself.

If the injury was brought on as a result of a defect in a piece of exercise equipment, while the gym owner most likely not be held liable, a case may be made for initiating a lawsuit against the manufacturer of the exercise equipment. A personal injury attorney should be consulted about which entities could potentially face potential in a particular case.

Contact an Illinois Attorney

If you suffered an injury while at the gym, contact an experienced personal injury attorney as soon as possible. The dedicated DuPage County personal injury attorneys at Mevorah & Giglio Law Offices have years of experience in premises liability matters, including injuries which occur at gyms. If, after an in-depth analysis of your circumstances, we deem that the injury was preventable and attributable to the owner, we will work to ensure that you get the maximum compensation possible. Contact the firm at 630-932-9100 for a free consultation.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2048