Who is responsible if you are injured at a health club? If you are a member or an invited guest, it is the health club owner's responsibility to ensure that all health club 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 health club 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 health club owner may not be liable.
In most cases, a health club 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 health club 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 health club 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.
If you or someone you love has been injured as a result of an accident, our Texas personal injury attorneys have the experience and resources to help you through this difficult time and obtain just compensation for your injuries. Please call 800-248-6000 or contact us for a free consultation.