Maison Law represents gym accident victims in California. If you or a loved one have suffered an injury at a gym due to a premise liability or the careless actions of another, Maison Law can get you the compensation you need. Contact our team of experienced personal injury lawyers today for a free consultation and case evaluation.
Can a Gym Be Liable for Your Injuries?
With Muscle Beach and Gold’s Gym pathing the way for fitness in California, time at the gym is an essential part of most people’s healthy lifestyle. But as with many recreational endeavors, injuries can and will happen. However, some of these injuries may be caused by someone else’s carelessness, in which you may be entitled to monetary damages. In most cases, the gym owner or gym company will be held liable for damages according to California’s Civil Code 1714(a), which states:
“Everyone is responsible, not only for the result of his or her willful acts but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary car, brought the injury upon himself or herself.”
Under California’s premise liability law, it is required for a gym owner to make sure that their facility is safe and gym members can use their equipment without being harmed. By law gym owners are obligated to:
- Keep the property in good condition
- Inspect machines to ensure they are working properly
- Repair all damaged equipment
- Provide warning signs to equipment that has been damaged or is undergoing repairs
- Have warning signs for general dangerous conditions like wet floors
Many gym accidents result in a substantial financial burden for injured victims due to medical expenses, ongoing treatment, and lost wages from work. If you’re having to deal with significant injuries from a California gym, it is advisable to discuss your case with an experienced accident attorney who can help you take the next steps in the legal process.
Common Causes for Gym Injury Lawsuits in California
According to NSC Injury Facts, there were nearly 500,000 gym injuries in 2023 alone in the United States. Owners and operators of gyms are responsible for causing these injuries if they:
- Knowingly install or fail to replace faulty equipment
- Hire unqualified employees
- Fail to monitor and remove slipping and tripping hazards
- Fail to properly train employees about safety protocols
- Fail to hire enough staff to supervise the property and customers
- Fail to provide a safe gym
In most cases, the gym owner would be liable for failing to prevent these hazardous conditions from coming in contact with their customers. However, other parties such as gym equipment manufacturers, equipment repair companies, or any other third party who could have caused your injury can be held liable. Multiple parties can be assigned fault according to California’s Joint and Several Liability Law, which states that each defendant can be held fully responsible for paying all economic damages awarded. This particular law serves to fully compensate injured accident victims, no matter how extensive their injuries are.
The relevant question is what is “reasonable” for the liable party to perform to ensure the customer’s safety. If you are able to prove the liable party failed to perform a reasonable act to prevent harm, then you will most likely have a successful claim against them.
Can You Sue a Gym if You Signed a Liability Waiver?
Let’s say you’re working out at Gold’s Gym off South Figueroa in Los Angeles and a weight rack falls because it was not bolted down properly, shattering six different bones in your foot. You’re out of work for the foreseeable future and you need to have surgery to walk again. You want to sue to get damages, but you remember you signed a liability waiver when you signed up at the gym and waived your right to file a lawsuit. Can you still sue?
In California, a liability waiver does not entirely waive your right to sue a gym. There are some exceptions. The waiver must be “unequivocal,” or spell out the exact language, stating “the participant is waiving his or her liability to sue for a negligent act.” Also, the waiver will only be effective in covering risks “reasonably related to the object or purpose for which the release is given.” So, going back to the example at Gold’s Gym, if you’re looking down at your phone and a weight rack smashes your foot because it was not bolted down, you will most likely be able to file a lawsuit as your actions were not related to the accident in any way.
Lastly, a waiver can be invalidated if:
- The facility violates California or federal law
- The terms of the contract are unethical, or morally wrong
- The facility used fraud, or misrepresentation to get you to sign the waiver
- You signed the contract under duress
- You were injured due to “gross negligence” – gross negligence is when someone was injured intentionally, or an obvious danger was ignored and caused someone harm. An act of gross negligence voids any gym liability waiver, even if the waiver includes the words “gross negligence” they can still be held liable.
How Common are Gym Accidents in California
According to a study by Elliptical Reviews, the workout machine with the most accidents was the treadmill, accounting for roughly 32% of all gym injuries among men and women.
Also, in 2009, according to the U.S. Consumer Product Safety Commission, nearly 1,500 emergency room visits were related to gym equipment injuries. Weightlifting accounted for 224 injuries with broken bones and finger amputations being some of the most common injuries. A survey of weight-training-related injuries found there were more than 25,000 weight-training emergency room visits from 1990 to 2007 with the most common diagnoses being severe strains and sprains.
A study in the Orthopedic Journal of Sports Medicine revealed the overall CrossFit injury rate was at 20% with males being far more likely to suffer injuries than females.
What Compensation Can I Expect From a Gym Accident Injury in California?
It is difficult to know the specific amount of compensation you can receive for a gym accident injury because every case is different. However, the more severe your damages are, the more compensation you can typically expect to get. Damages from gym accident injuries include:
- Medical costs
- Lost wages (if you have to miss work to recover, or take of your child)
- Retraining or re-education for job placement if you have suffered a disability from the accident
- Pain and suffering
- Loss of enjoyment of life
Most personal injury cases never make it to trial and are often settled outside of court. It is common for both the defendant and the plaintiff to reach an agreeable settlement to:
- Avoid the uncertainty of a trial
- Avoid more stress and save time
- Save on costs and attorney fees
- Protect their privacy
Contact a Gym Accident Injury Lawyer in California
If you or a loved one have been injured in a gym accident, the experienced accident attorneys at Maison Law can get you the compensation you need. Navigating the legal complexities of gym accident liability can be a nightmare, but it doesn’t have to be. Maison Law protects victims of gym accidents by identifying the liable parties and aggressively pursuing fair compensation to recover the full extent of your damages. Contact Maison Law today for a free consultation and case evaluation.
Additional Resources:
