People who go to the gym can have a lot of different motives. They may want to develop muscles to show off when they get out in the California sunshine. They could desire to feel healthier. They may also just be looking for a new hobby that lets them work out and socialize.
No matter why you sign up for a gym membership, you should be free to focus on becoming a better you and worrying about potential risks to your safety. You may feel sore after a workout, but you should never feel the pain of a serious injury due to the unsafe conditions at your gym.
You could be hurt on a malfunctioning or improperly maintained fitness machine or take a fall on a wet floor. Your recovery might involve some hefty doctor bills. It’s fair to wonder just who might be responsible for helping you pay for your recovery.
Contact a California Premises Liability Lawyer for a Free Consultation
If you suffer a serious injury at your Gym due to the negligence of someone else, it’s important to stay informed of your rights and the benefits available to you. If the gym owner, a trainer, or another employee puts you at risk of harm, those parties can all owe you compensation to help with your recovery.
You may be wondering if you have a case against your gym. And if so, what level of support is fair to ask for after an injury? Scheduling a free consultation with a California personal injury lawyer is a no-risk way to find out more about your options. Contact Maison Law to talk with a skilled and experienced attorney to get an honest case evaluation.
Injury Risks At California Gyms
Everyone expects some muscle stiffness and soreness after a good lift or cardio session. That burn means it’s working. However, when discussing premises liability for gym owners and proprietors, it’s the more serious injuries that are the concern. Accidents caused by the carelessness of a gym owner or operator can lead to liability for a business.
Gym owners and operators in California owe every member and visitor a legal “duty of care.” This means they must see to the safety of anyone who enters their parking lot and their facility. They must repair or clean up hazards their employees create that could injure a visitor. This includes injuries stemming from an improperly assembled or maintained machine.
A fall around any of the very sharp and hard machines at a gym is a dangerous proposition. Along with fractures, a blow to the head is also a common outcome. A traumatic brain injury (TBI) is a real possibility. A hard strike may affect the brain’s ability to retain memories and control the body.
They must also regularly inspect bathrooms and workout areas for hazards their members create. A protein shake dropped on the floor by a customer must be cleaned up before you have the chance to break a bone in a slip-and-fall accident. A visitor may have caused the mess, but if you get hurt, it is usually the property owner who is accountable.
Who Is Liable After a California Gym Injury?
In fact, if you are hurt at a gym there may be several parties that should be contributing to the costs of your recovery.
Injured victims should include as many potentially liable parties in their personal injury lawsuits as possible. All liability insurance has coverage limits. Suing one party may earn you compensation, but once that insurance limit is reached, the remaining hospital bills will have to be paid from your own pocket.
A California premises liability lawyer works to identify all individuals and companies whose negligence led to your accident. This gives you the best chance of earning enough financial support to pay for every hardship you face.
Gym Owner
Business owners, management companies, and property owners are liable for any dangers that pop up around their gyms. They are responsible for exposed wiring that may seriously hurt someone. They could be liable for the pothole in the parking lot that leads to a trip-and-fall injury and a knee injury.
They are responsible for the actions of their employees. Employees may leave messes unattended or forget to put a closed sign on a machine that’s been reported as broken. In some cases, owners may be called into question over whether they ran proper background checks on those employees. The safety of the equipment you use in your daily routine is the responsibility of owners and proprietors.
Personal Trainers
A personal trainer you hire online or perhaps was provided through by the gym could make a careless mistake that leaves you injured. They may let a weight slip to cause a “crush” injury that fractures your hand or injures your foot. They could also be proven unqualified to offer the advice that left you hurt.
A personal trainer working for the gym may leave a gym owner with additional liability in an accident. Some gyms require fitness trainers to be certified and some are required to carry liability insurance in case their clients get hurt. Talk to your gym and your personal trainer to find out if they are covered.
Gym Visitors
Members and visitors often make careless decisions and put others at risk. They may leave a puddle on the locker room floor, or leave a towel or clothing in an area that could catch your foot and send you into a trip-and-fall accident. Even a fellow member with the intention to help you during a workout might put you at risk of severe injury. Gym members aren’t usually held accountable for these careless mistakes, but owners often can be.
Workout Equipment Manufacturers
In some cases, it’s the equipment we count on to help us tone up that might leave us hurt. Some equipment may be so dangerous it ends up being recalled by the manufacturer. When that machine or piece of equipment isn’t removed before you get hurt, gym owners and manufacturers can bear liability.
A device may not be recalled, but your California gym accident lawyer could investigate and show that a piece of equipment has a design flaw. There may be other instances of people getting injured by the same machine. This additional evidence can make it difficult for an insurance company to deny they owe you compensation.
What to Do After An Injury at a California Gym
Once an injury claim is filed against a gym’s insurance provider, insurance adjusters will go to work trying to cast doubt on your accident and your claim to support. You’ll need strong evidence to make sure insurance representatives can’t wiggle out of taking responsibility for what happened to you.
Some of the strongest evidence will be on the scene in the moments after an accident. If you are hurt, request an ambulance by calling 911. Go to the hospital if necessary.
Otherwise, if you are able to still get around, try to gather some evidence at the gym:
- Take photos. Show the obstacle, mess, or machine that caused your accident. That hazard will likely be fixed or cleaned up as soon as you leave. If you have to depart for the emergency room, ask someone with you or a helpful bystander to take photos.
- Alert a manager. The gym’s corporate office will likely require that an accident report be filled out. This report can prove to be valuable evidence in your defense.
- Get contact information from witnesses. Some witnesses may not have seen you get hurt, but perhaps they can testify about the unsafe conditions that caused your mishap.
- Check for surveillance cameras. Your California personal injury lawyer should be able to secure footage of your accident later.
- See your own doctor. Get all injuries documented. Follow the doctor’s recommendations as closely as possible. Save your medical invoices.
Compensation For a Gym Accident Injury
Your California premises liability lawyer will file a claim for damages with the insurance companies involved in your case. This claim features a list of every hardship you’ve faced since your accident.
You’ll only be compensated for things on the list so it’s critical to get every damage you’ve suffered on there. Your lawyer will be including some things you may not have even known you could receive support for.
These are just a few of the factors that could earn you compensation after a gym injury:
- Medical Bills.
- Rehab treatment/equipment.
- The costs and care associated with a permanent disability/disfigurement.
- Physical pain and mental trauma experienced in an accident and during recovery.
- Travel costs to make medical appointments and consult with specialists in other cities.
- Loss of enjoyment of life. The inability to return to the gym in the short or long term. The inability to participate in family activities, other hobbies, and travel.
- Lost time from work (Including the expected future lost time).
Contact a Gym Accident Lawyer Serving California Victims
If you are hurt in an accident at the gym beware of calls from corporate lawyers and insurance representatives. They’ll be asking for a recorded statement about what happened. Decline this request. These calls are made in the hopes that you’ll say something they can twist later to discredit your case. If you have a personal injury lawyer working for you, it’s best to let your lawyer handle all communications.
For more information on the tactics insurance companies may use on you, contact Maison Law of California for a free and informative case consultation. This confidential meeting comes with no obligation to you.
And if you decide to hire us to represent your case and seek the maximum compensation for you, there’s no upfront money needed. We don’t get paid unless we win your case.
