Below are 2 common accidents that can happen at a gym.
The gym has a duty to keep their equipment safe and in good working order. The equipment should be well maintained and not pose a danger to the members. If not, accidents can happen. Consider the following: a new gym member takes a spinning class offered at the gym. She has taken many spinning classes before, but this is the first time at this particular gym. Halfway through the class, the handle shifts down while she is leaning on it causing her to lose her balance and fall off the bike. As a result, she fractures her wrist and sustains other soft tissue injuries to her back. As it turned out, this was not the first time that the handle shifted on the bike while someone was on it. Another member told the instructor about it a few days before this accident. At the time, the instructor said that he would take care of it. The instructor was supposed to put a sign on the bike informing members that it was broken and call someone to come and fix the bike. However, the instructor forgot.
In this case, the gym would be liable for the member’s injuries because it knew that the bike was broken and failed to fix it, or at the very least, tell members not to use it. As a result of the instructor’s negligence, the gym member fell off the bike.
It is important to note that Pennsylvania courts generally uphold waivers of liability. However, in gym accident cases, the actual waiver must be produced by the defendant, and it must be reviewed carefully. Some waivers of liability are drafted so that the gym can still be sued for negligence.
On the other hand, if the instructor did call someone to come fix the bike and the handle still shifted after it was fixed, then the company who came out to fix the bike may be responsible for the member’s fall and injuries. Because the bike was not fixed properly, the member fell off the bike.
The gym also has a duty to keep the premises reasonably free of dangerous conditions. If not, accidents can happen. For instance, a member slips and falls in the locker room when she goes to change prior to working out. There was a puddle of water on the floor that caused her to slip and fall. As a result of her fall, she hit her head on a bench in the locker room and suffered a concussion. The puddle was caused by a leak in the roof. The gym knew about the leak because another member informed the front desk about the puddle of water a week prior to this member’s fall. However, the front desk employee didn’t do anything with the information.
In this case, the gym would again be responsible for the member’s injuries and damages because it failed to keep the premises reasonably safe from dangerous conditions. This assumes that the waiver of liability issue is resolved in favor of the injured gym member.
If you are thinking of joining a gym, here are some things to look for to make sure the gym is safe.
Do your research. Go online and see if the gym has any reviews. If you know people who belong to the gym, ask them how they like it.
Visit the gym. Go to the gym and look around. Do the lockers rooms look well maintained? Do the equipment such as treadmills, weights, etc., look well maintained?
Individuals who were injured as a result of sports related accidents, equipment failure accidents or slip and fall accidents at gyms have legal rights. They may file personal injury lawsuits against the gym. They should talk to a sports accident injury lawyer as soon as possible to explore their legal rights.
If you were injured in a sports related accident, call Daniel J. O’Brien, Esq. to schedule a FREE consultation. Mr. O’Brien is a life-long athlete who has helped numerous individuals after their sports related accidents. 877.944.8396