Maison Law advocates for gym accident victims in California. If you or a loved one have been injured at a Gold’s Gym due to a hazardous condition or reckless actions, the attorneys at Maison Law can help you get the compensation you need. Contact Maison Law today for a free consultation and case evaluation.
Do I Need a Lawyer for a Gold’s Gym Accident in California?
If you’ve been injured in a Gold’s Gym accident due to a person or business’s carelessness, it is advisable to speak with an attorney about your legal options. Sometimes, these unfortunate accidents can be handled by the gym company’s insurance without an attorney. However, if your damages are severe, it is not uncommon for the insurance company to try and place the blame partially, if not entirely, on you.
By partnering with an attorney, you will be letting the insurance company know you are aware of your right to compensation and are prepared to take legal action against them. If the insurance company is not willing to fully compensate you, then a lawsuit will be filed, outlining your damages. These damages generally include your medical bills, lost wages, and pain and suffering.
What is the Settlement Process for a Gold’s Gym Accident in California?
95% of civil cases are settled before they go to trial. It is common for both parties to seek a settlement due to the high court costs and the unpredictability of a jury verdict. To avoid trial, the plaintiff’s lawyer and the defendant’s lawyer will begin negotiations. This goes as follows:
- The plaintiff’s lawyer sends a demand letter outlining injuries suffered along with requested financial compensation
- The defendant’s lawyer reviews the request and may agree fully, partially, or deny liability altogether.
- If both sides are in agreement, a premise liability settlement will be signed without going to trial.
Premise liabilities like gym accidents can sometimes take months, or even years to settle. The duration of the lawsuit will depend on the extent of your injuries and the amount of treatment needed for your recovery. Other factors that create a longer settlement process include:
- Disagreements about what happened
- Size of the potential settlement
- Delays in the discovery process
- Multiple liable parties unwilling to take the blame
How is Carelessness Established in a Gold’s Gym Accident in California?
The gym owner, or gym company (Gold’s Gym) is the usual “at-fault” party when someone is injured in a gym accident. A property owner is considered careless when they:
- Allow a hazardous condition to exist on their property
- Knew, through the exercise of reasonable care, that this condition existed
- Fail to repair the hazard, or warn others about the condition
These elements would result in premise liability for the owner. For example, say you’re working out at the Gold’s Gym in Del Monte Shopping Center in Monterey. You end up smashing your hand in a broken machine because an employee forgot to provide notice that it was out of order. In this scenario, carelessness would be established due to:
- The owner not maintaining a safe area where customers are knowingly shopping.
- The owner failing to remove the broken workout equipment.
- The owner neglecting to make anyone aware of this hazardous condition
Gold Gym would be liable for not maintaining the safety of their property 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.”
Can You Sue Gold’s 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.
What is the Typical Compensation for a Gold’s Gym Accident in California?
As with the majority of civil claims, your settlement amount is dependent on the following factors:
- The severity of your injuries
- Current and future medical treatment
- Compensation for income you lost due to the accident
- Pain and suffering
You can also maximize your settlement by obtaining concrete evidence of your accident and injuries. The better your evidence, the more successful your suit will be. Here is a list of common evidence items needed to support your claim:
- Pictures of the accident scene
- Pictures of your injuries
- Statements from witnesses
- Surveillance footage from the Gold’s Gym where you were injured in
- Medical records
- A personal journal, documenting your healing process
If you’ve been injured at a Gold’s Gym in California, their insurance adjuster will be relentless in their pursuit to get you to settle low and quick. But you should not rush to settle or be intimidated into signing anything. Contact Maison Law today to discuss your legal options and protect your right to compensation.
Contact A Gold’s Gym Accident Lawyer in California
If you or a loved one has been injured in a Gold’s Gym, our experienced premise liability attorneys at Maison Law can help you get the compensation you need. We are experienced in handling major corporations like Gold’s Gym and know how to hold them responsible for the damages you’ve suffered through detailed investigations, professional negotiations, and irrefutable evidence. Contact Maison Law today for a free consultation and case evaluation. There are no upfront costs and you won’t be charged a cent until we’ve won your case.
