Spring is a popular time for people to hit the gym in anticipation of getting into shape for the upcoming swimsuit season. However, if it’s been awhile since you worked out and you get injured, you may be wondering if you alone are responsible for your injuries or if, under certain circumstances, the liability should fall on the gym’s owner.
If you are a member or an invited guest, it is the gym owner’s responsibility to ensure that all gym property is adequately maintained and that you are instructed and supervised in the use of equipment on the premises.
If an injury results from improper maintenance or defective or incorrectly installed equipment, the club’s owner may be found negligent.
For example, if a guest uses a weight machine and a weight detaches and hits him in the head, the gym owner may be accountable if the machine was improperly maintained. However, if a guest sustains an injury due to his own lack of care or misuse of equipment, the gym owner may not be liable.
In most cases, a gym owner may inform visitors of possible injuries from misuse by providing a written disclaimer in a mandatory contract that the member or guest must read and sign prior to using any equipment.
However, a gym owner may not avoid liability for an injury if a written disclaimer was not obvious because it appeared in fine print or on the other side of a contract.
A gym owner should make an effort to provide a safe environment for invited visitors, but each guest’s safety may not be completely insured. If a guest is injured, all evidence regarding the incident must be taken into account before liability can be assigned.
The attorneys of Roberts & Roberts have the skill, experience and resources to fully investigate any serious accident or death. If you have a question about an accident involving a serious injury or fatality, please call 800-248-6000 or contact us for a free consultation.