Maison Law represents those injured in gym accidents in California. If you or a loved one has been injured at Anytime Fitness due to a careless act, or hazardous conditions, Maison Law can help you seek compensation for your damages. Contact Maison Law today for a free consultation and case evaluation.
Can I Take Legal Action for a Gym Injury at Anytime Fitness in California?
Pursuing a lawsuit against Anytime Fitness for a gym injury can be difficult. For this reason, it is recommended to speak to a reputable accident attorney to understand your legal options. The difficulty in pursuing a gym lawsuit is due to the “assumption of risk,” gym members agree to when they sign up for a gym membership. The assumption of risk is a legal doctrine. It limits the gym’s liability for certain injuries because members are aware of the risks they’re taking when they’re working out on exercise machines, lifting weights, and exerting themselves. They are voluntarily participating in a physical activity where injuries can occur.
A liability waiver is typically signed by gym members at Anytime Fitness before they can workout. This waiver generally covers:
- Assumed risks: the voluntary assumption of risk clause states participants understand and voluntarily assume the risk, both known and unknown, associated with gym activity.
- Inherent risks: includes a list of risk-associated activities gym members normally engage in. These include:
- Strength and core training
- Weightlifting
- Sauna use
- Remote climbing sites
- Spin and yoga classes
- Rope swings
- Exercise machines
- Crate stacking
- All group activities
- Overexertion
- Lack of Training
- Liability waiver release: this clause releases the gym, and all its associates, from liability if a gym participant seeks damages
Even though liability waivers excuse gym owners of numerous risks, some circumstances can make them invalid.
When is a Gym Liable for Damages?
In California, a liability waiver does not entirely waive your right to claim damages against a gym if you were injured. For example, let’s say you’ve just finished your workout at Anytime Fitness in Carmel-By-The-Sea and you slip on a “floor-cleaning substance” in the bathroom where no “wet floor” signage was posted. You shatter your knee and are forced to miss work.
According to California Negligence Laws, a careless owner, trainer, or equipment manufacturer can be liable for damages if they:
- Owed the victim a duty of care
- Breached their duty of care through a careless act
- Caused direct harm to the injured victim through their careless actions
Lastly, a liability waiver can be voided if the gym is direct violation of local, city, or state law. These include:
- Unethical, or morally wrong verbiage within the liability waiver
- Fraud, or misrepresentation to convince members to sign the waiver
- You were under duress when you signed the waiver
- Gross negligence
If you were injured at a gym and are unsure about what next steps to take, it is recommended to speak with a personal injury lawyer before you discuss the incident with an insurance company.
What if I Was Partially at Fault for an Anytime Fitness Accident in California?
Being blamed for an accident is not uncommon in premise liability lawsuits. Property owners will be looking out for their own interests and try to take the blame off themselves as much as possible. If you are blamed for the accident, you will most likely need to defend your case due to California being a pure comparative negligence state. Comparative negligence allows an injured party who shares fault for their injuries to receive compensation, a legal action covered by the Comparative Negligence Law, which states:
“Under the pure comparative negligence rule, the state allows the plaintiff to claim damages for the 1% they are not at fault even when they are 99% at fault.”
So, if you were partially at fault, but still got injured, you still reserve the right to compensation. However, your awarded settlement will be reduced by your percentage of fault.
What is the Typical Amount of Compensation for an Anytime Fitness Gym Accident in California?
Compensatory damages are awarded to accident victims in the form of economic, non-economic, and punitive damages. While punitive damages are rare, they can be claimed if the accident was done with extreme recklessness or malice toward the victim. Economic damages are actual financial losses that can be assigned value such as:
- Emergency room treatment
- Hospital bills
- Medications and medical equipment
- Ongoing treatment for current and future medical needs
- In-home care
- Lost income
- Loss of consortium
- Vehicle repair
Non-economic damages are subjective, non-compensatory losses, which include:
- Emotional pain
- Pain and suffering
- Loss of enjoyment of life
- Loss of consortium
While there is no average amount of compensation, these factors can ultimately decide the compensation you can receive. It is important to note, however, that the more severe your injuries and damages are, the more compensation you can expect to be awarded.
Contact an Anytime Fitness Gym Accident Lawyer in California
If you or a loved one are hurt in a gym accident due to a careless act, defective equipment, or a hazardous condition, the accident attorneys at Maison Law can help. Even if you feel like the accident was partially your fault, you still have the right to claim damages against the gym. Our experienced team of accident attorneys will investigate the circumstances of your accident and gather evidence to reach a successful settlement for your case. We have years of experience in premise liability and know how to aggressively pursue full compensation for our clients against major gym corporations.
Contact Maison Law today for a free, no-risk case consultation and case evaluation. No upfront money is required and you don’t pay a dime until your case is won.
