Who Is Liable for Injuries at the Gym?
March 13, 2018
Gym injuries caused by negligence may be covered under premises liability claims under certain conditions.
Common Gym Injuries
Liability for injuries at the gym may fall on the gym owner under premises liability laws unless a valid liability waiver protects the owner from personal injury lawsuits. With a variety of exercise equipment and heavyweight machines, gym injuries are a common occurrence. Hand and wrist injuries; fractures and broken bones; spinal cord injuries; chest trauma; and head, neck and back injuries are frequently seen by a personal injury lawyer in Nevada. Some Las Vegas hotels offer amenities like gyms and health clubs with hot tubs, saunas, and steam rooms. Hard wet, slippery floors often cause slip and fall accidents that result in serious head trauma and brain injuries.
Many gym injuries are caused by poorly maintained equipment and/or negligent management. If gym members or guests are injured as the result of these conditions, they may be able to file a personal injury claim.
Gym Liability Waivers
To prevent numerous injury claims and lawsuits, some gyms require members to sign contracts that contain liability waivers when they join the gym. It’s very likely that strenuous exercise and weight lifting will lead to injuries, so gym owners use liability waivers to protect themselves from lawsuits. However, depending on the specifics of the liability waiver in the contract, it’s still possible to sue the gym for injuries. Common liability waivers in gym contracts include:
- Total Waiver of Liability – This means that the gym is free of all liability for any injury that occurs there. These waivers are often not enforceable in court because they’re overly broad.
- Negligence Waiver – These waivers are meant to protect gym owners and employees, but if intentional negligence is proven the waiver is not enforceable.
- Intentional Injury Waiver – Intentional injury waivers don’t hold up in most courts. Reckless conduct that results in personal injury is never condoned by law.
Under premises liability laws, business owners are responsible for providing a safe environment that’s free of defects and potential dangers. If a gym owner knows that gym equipment isn’t working properly and can cause injuries, but does nothing to fix it or warn of dangers, this constitutes reckless behavior that warrants a lawsuit under premises liability laws.