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.
Do I Need a Lawyer for a Planet Fitness Injury in California?
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, exceptions to liability waivers do exist 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.
If you’ve been injured in a Planet Fitness it is advisable to discuss your incident with a reputable attorney before speaking with the gym’s insurance.
Difference Between Ordinary Negligence and Gross Negligence in Gym Accidents
Ordinary negligence is failing to use a certain level of care to prevent harm to others. For example, if another gym member carelessly leaves a weight on the floor where people regularly walk instead of putting it away. That would be considered a negligent act. Gyms are generally excused from ordinary acts of negligence because they are covered under a gym participant’s “assumption of risk” that comes with working out at a gym.
In California, assumption of risk can be given verbally, or in writing in the form of a liability waiver. Most gyms require members to sign a liability waiver before being allowed to work out on their premises. Liability waivers protect gym owners and their employees from lawsuits if a gym member is injured by the assumed or inherent risks that come with working out in a gym. These risks may 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
However, no gym or business is excused from liability when gross negligence is concerned. Gross negligence is when someone was injured intentionally, or an obvious danger was ignored and caused someone harm. A case when a personal injury lawsuit overrode a liability waiver due to gross negligence is the City of Santa Barbara v. Superior Court (Janeway) (2007) DJDAR 10807.
In this case, a 14-year-old girl with physical disabilities was at a physically disabled children’s camp and drowned while swimming in the camp’s pool. The girl was assigned an attendant to keep an eye on her at all times while in the pool. The girl dove into the swimming pool while the attendant was distracted and was knocked unconscious when she hit her head on the bottom of the pool. The attendant did not spot the girl until it was too late.
The girl’s mother sued for wrongful death, but the camp claimed their liability waiver absolved them of negligence. However, the court ruled this negligence to be gross negligence and the camp was liable for damages to the decedent’s family.
Who Can Be Held Liable for a Planet Fitness Injury in California?
Owners and operators of gyms are liable for you 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. 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. The common hazards resulting in injuries to gym members in California include:
- Malfunctioning or faulty equipment
- Improperly installed equipment
- Slippery floor mats
- Spills from beverages
- Leaks from the ceiling
- Improper training or unqualified instructors
- Falling objects
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.
How Much Compensation Can You Receive for a Planet Fitness Injury in California?
There is no average compensation for gym accidents. The result of every lawsuit varies on a case-to-case basis, so, it is difficult to determine the value of every case. However, certain factors can potentially increase your amount of compensation:
- The severity and permanence of your injuries
- The percentage of blame assigned to you in the accident (ranges anywhere from 1% – 99%)
- Your age at the time of the accident
- Your education level and occupation
- Loss of enjoyment you’ve suffered due to injuries or mental trauma sustained from the accident
- Loss of earnings
- Future and present medical treatments
Payouts for gym accidents tend to be higher for injured victims represented by an attorney than those who were not. Your best course of action to recover damages from a gym accident at Planet Fitness is to speak with an experienced accident attorney about the details of your case.
Contact a Planet Fitness Injury Attorney in California
If you’ve been injured in a Planet Fitness accident, the premise liability attorneys at Maison Law can help you get compensated for the full extent of your damages. Our team will analyze your case and review any liability waiver to determine the best path toward achieving successful results for your case. Contact Maison Law today for a free consultation and case evaluation.
