Maison Law represents gym accident victims in California. If you or a family member have been injured at an LA Fitness the personal injury attorneys at Maison Law can help you get the compensation you need to fully recover your damages. Contact Maison Law today for a free consultation and case evaluation.
Do I Need a Lawyer for an LA Fitness Injury in California
Gym injuries can occur due to faulty machines, wet floors, or a careless employee. When hazardous conditions are allowed to exist in a gym, it only takes one wrong move to sustain a major, life-changing injury. Fortunately, if you partner with an attorney, they can file a lawsuit against the liable party and hold them accountable for your damages. Determining the responsible party can make things difficult for your case, especially if you signed a liability waiver. However, a liability waiver does not excuse the gym from gross negligence, or recklessness. Liability waivers will be voided if:
- The gym violates California or federal law
- The gym’s terms of the contract are unethical, or morally wrong
- The gym used fraud, or misrepresentation to get you to sign the waiver
- You signed the gym’s liability waiver under duress
If you’re unsure about your situation, an experienced accident attorney will be able to determine if you have a case and can provide you with legal options based upon the details of your incident.
Can I File a Lawsuit if I Signed a Liability Waiver at LA Fitness in California?
Hypothetically, let’s say you’re working out at LA Fitness off Goldenwest in Huntington Beach and you slip on a wet floor in the locker room and break your collarbone. Now you’re out of work and you need to have surgery to recover. Your medical bills are mounting and you want to file a claim to receive compensation. So, you reach out to LA Fitness to file a claim, but they turn you away, stating you signed a liability waiver. Can you still sue? Or is LA Fitness free of liability?
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 LA Fitness, if you’re walking to your locker in the changing room and you slip on a wet floor, you will most likely be able to file a lawsuit as your actions were not related to the accident.
What Do I Need to Prove in an LA Fitness Gym Accident?
Once your lawsuit is filed with the courts, you (the injured party) will become the plaintiff, and LA Fitness (the liable party) will be the defendant. As the plaintiff, the “burden of proof” will be on you. You will need to provide evidence to support your claim that LA Fitness’s careless actions caused your injury. Common liabilities for gym accidents include:
- Knowingly installing or failing to replace faulty equipment
- Hiring unqualified employees
- Failing to monitor and remove slipping and tripping hazards
- Failing to properly train employees about safety protocols
- Failing to hire enough staff to supervise the property and customers
- Failing to provide a safe gym
Gym accidents typically fall under premise liability via 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.”
For these reasons, it is important to discuss the details of your case with a reputable attorney. An attorney will conduct investigations, interrogatories, and depositions to help you prove the gym operators failed to run their gym in a reasonably safe manner, and failed to prevent the injuries you’ve sustained..
What Kind of Settlement Can I Expect from a Gym Injury at LA Fitness in California?
When it comes to gym accidents, no case is the same. The circumstances are always different with every incident, but the extent of your economic damages and non-economic damages will largely determine your settlement amount. These damages include:
- Present and future medical expenses
- Loss of income, as well as the reduction in your earning capacity you’ve suffered from your slip-and-fall accident
- Cost of living with your injury, such as making your home disability accessible, purchasing a wheelchair or crutches, hiring a nurse or housekeeper
- Damage done to your property during the accident
- Pain and suffering caused by your injuries
- Stress and anxiety due to the nature of your accident
- Your mental state after a life-changing accident
FAQs
Q: What if I can’t afford a personal injury lawyer if my child was injured at LA Fitness?
A: Maison Law works on a contingency fee basis, meaning you don’t pay anything upfront. We operate on a “no win, no fee” policy.
Q: How long do I have to file a personal injury claim against LA Fitness?
A: 2 years from the date of the accident is the statute of limitations in California for filing a personal injury claim. In the case of a minor, you have until they are eighteen years old, then two years after that to file a lawsuit.
Q: Can my health insurance take a share of my injury settlement?
A: Yes, insurers have a contractual right to be reimbursed for the bills they have paid on your behalf after the accident.
Contact an LA Fitness Gym Accident Lawyer in California
If you or a loved one has been injured due to the carelessness of a person or a hazardous condition at LA Fitness, the attorneys at Maison Law can get you the compensation you need. No upfront money is required and we don’t get paid unless we win your case. Contact Maison Law today for a free consultation and case evaluation.
