Maison Law advocates on behalf of injured gym victims in California. If you or a loved one have been injured at Crunch Fitness due to careless behavior or a hazardous condition, the accident attorneys at Maison Law can help. We utilize years of reaching successful personal injury settlements to get accident victims the compensation they need to fully recover their damages. Contact Maison Law today for a free consultation and case evaluation.
Do I Need a Lawyer for a Crunch Fitness Accident in California?
If you’ve been involved in a gym accident, it is recommended to discuss your legal options with a reputable accident attorney. However, it is important to note you most likely won’t need an attorney if:
- The accident is minor with no apparent damage
- Your injuries are minor scrapes or small bruises
If you’ve sustained serious injuries in a Crunch Gym accident due to a careless action, it is advisable to speak with an attorney about your legal options. You should always file a claim with the gym if you are injured. But be aware, it is typical for insurance companies to try and avoid fully compensating you by getting you to sign a quick, “lowball” settlement. In worst cases, they may even attempt to place the blame partially, if not entirely, on you for your injuries. However, an accident attorney can:
- Identify All Liable Parties: Gym owners/companies, gym equipment manufacturers, and gym employees can all be liable parties in gym accidents. An accident attorney will collect all responsible parties and file a personal injury lawsuit against them, maximizing your chance at full, financial recovery.
- Follow Proper Legal Procedures: An experienced accident attorney understands the complexities of suing liable parties and the specific legal rules that must be followed. Having your lawsuit properly filed and the details of your situation perfectly outlined for the insurance adjuster will let the defense know you are aware of your rights and are prepared to exercise them.
- Prepare for Litigation: An attorney will expedite the litigation process if no acceptable offer is made. They will prepare you for trial, handle all legal proceedings, and represent you in court.
- Allow you to focus on Recovery: Hiring a well-practiced attorney will allow you to recover, while they deal with the legal side of your case for you. Not only will this give you a better chance at compensation, but it will alleviate your stress and give you peace of mind while dealing with a very traumatic time in your life.
What Defenses Can the Gym Assert for a Gym Accident in California?
Corporate gym’s like Crunch Gym may claim you cannot file a lawsuit after being injured. They may even deny liability completely. So, it is important to speak with an accident attorney after a gym accident because, even if the gym denies fault, you may still be able to claim damages. Common gym defenses against injured victims who file a lawsuit against them includes:
- Assumption of the risk of injury engaging in gym activities
- No duty of care (negligence)
- The victim was partially at fault for their injuries
- The victim waived liability when they signed up at the gym
“Assumption of risk” is a common defense used by businesses and property owners to protect themselves from lawsuits, especially when participants engage in a potentially risky activity on their premises. Working out at a gym does imply an aspect of risk when members lift weights or push themselves on workout machines. However, gyms are not excused from liability for injuries involving:
- Reckless or careless behavior
- Gross negligence
- Intentionally harmful acts from gym employees, or its members
Can I File a Lawsuit Against Crunch Fitness if I Signed a Liability Waiver?
Similar to “assumption of risk” liability protects business and property owners from lawsuits when their customers participate in risky activities. Liability waivers puts those protections into words. It spells out the activities and acts customers may injure themselves performing and removes the business from liability. However, liability is not a legal “bullet-proof” shield against lawsuits. Otherwise, property owners would be permitted to commit heinous acts and free themselves of liability just by using the right verbiage in their liability waiver. A liability 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 – when someone was injured intentionally, or an obvious danger was ignored and caused someone harm.
A liability waiver, however, does protect business owners from ordinary negligence. So, it is important to understand what you are signing when you join a gym and know what you are responsible for. We recommend the following precautions before you decide to sign any waiver of liability:
- Ask to examine the area and gym equipment beforehand
- Research online for lawsuits and safety violations for that particular gym
- Obey the “safety rules”
- Check with the gym to see if they have accident insurance for their participants
- Make sure you have active health insurance
What is the Typical Compensation for a Crunch Fitness Accident 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. Gym injuries include economic damages and non-economic damages. These 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
To ensure you receive full compensation for your damages it is recommended to partner with an experienced accident attorney. It has been proven that more compensation has been awarded to victims with attorneys than those without.
Contact a Crunch Fitness Gym Accident Lawyer in California
If you or a loved one have been injured due to a careless gym employee or a hazardous condition at Crunch Fitness, the experienced accident attorneys at Maison Law can help. We understand how to deal with corporate lawyers and protect your right to fair compensation. Maison Law offers all victims and their family members a free, no-risk consultation. No upfront money is required for our legal services and we only get paid if we win your case. Contact Maison Law today for a free consultation and case evaluation.
