It's a bit ironic; you go to the gym to get fit and end up getting injured. Gyms and fitness centers may not intend to cause patrons harm, but they often do, and a quick look around can tell you how easy this happens. Malfunctioning equipment, wet and slippery floors, and heavy weights are all just accidents waiting to happen. Read on to learn more about what to do if you have been injured while trying to work out:
The issue of the waiver. Liability waivers are everywhere nowadays, and it's nearly impossible to join, rent or participate in anything without signing a form that releases the facility from liability. Many people are confused about these waivers, and unfortunately, that confusion could prevent them from seeking compensation when they end up getting hurt. There are actually two different types of waivers, and neither type prevents you from seeking damages if the facility is negligent.
The negligence waiver. This waiver is very common and actually pertains to the customer's actions instead of the facility's. The gym can only do so much to make the facility safe for use, after that it is the responsibility of the member to abide by the rules and to use due care. If the gym has done everything it can and you get injured because of your own actions, this waiver releases the gym from liability.
For example, pool decks are going to be wet; it's just not possible for the facility to keep the floor dry with people coming out of the pool constantly. If you failed to wear slip-resistant footwear and ignored signs warning you about the slippery floors, you may not be able to hold the facility liable for your careless behavior if you slip down.
The total liability waiver. This waiver resolves the facility of any responsibility for any injuries that occur on the premises. These types of all-encompassing waivers seldom hold up in court, but they do manage to intimidate patrons into never filing a suit. If you have signed such a waiver and get injured due to the negligence of the facility, you may have grounds for a personal injury lawsuit. For example, if the workout machine you are using malfunctions due to poor upkeep, and you are injured, that is negligence on the part of the gym. You expect to be able to use a facility in a safe manner, and no waiver protects facilities from negligence. Speak to a personal injury attorney like Dunbar & Dunbar right way and get compensated for your injury.