Under personal injury law in California, when someone is injured in a fitness center accident, they can file a personal injury lawsuit against the responsible parties. Typically, injuries in fitness centers are caused by negligent gym owners, instructors, trainers, third party contractors who are responsible for the maintenance and inspection of equipment, or other gym members.
COMMON ACCIDENTS IN GYMS
There are a number of hazards that can lead to injury or even death in a gym. Gyms involve a number of people and often have large and heavy equipment. If this equipment is faulty and does not work properly, it can lead to injury. Likewise, if equipment is not properly maintained it may pose a safety risk. Additionally, it is common for employees to exhibit negligent behavior or even intentionally exhibit behavior that may pose a risk to the health and safety of gym members.
The actual gym itself may pose potential slip and fall threats, as surfaces may become dirty or slick. Finally, gyms often have many members using the facility at any given time which may lead to safety threats from irresponsible gym members or altercation between members.
POTENTIAL DAMAGES RELATED TO GYM INJURIES
The injuries one may sustain at a gym range from minor to severe. The implications of one’s injuries depend on the magnitude of the injury. It is common however for those injured in accidents at a gym to suffer the following damages:
- Pain and suffering both physically and emotionally
- Lost wages from missing work due to medical complications
- Extensive medical bills
- Property damage
- Punitive damages
PROVING NEGLIGENCE FOR GYM INJURIES
In order to show that either the gym, trainer, contractor or another individual is liable, it is necessary to prove they were acting negligently when the accident happened. In order to determine negligence, it is important to look at what behavior caused the injury, whether or not the individual who caused the accident owned the victim a duty of care and if so, whether that duty of care was violated due to the behavior.
GYM OWNER’S DUTY
California law requires that a gym owner ensure that their facility is safe, and that all equipment is in good working condition and safe for gym member’s use. This means gym owners must maintain and upkeep the property to ensure it is in good condition. They must also regularly inspect the machines to ensure that they work properly. When equipment is damaged, the owner must make any necessary repairs. When equipment is undergoing repairs, the owner must have visible warning signs as well as warning signs for any dangerous condition throughout the facility.
EMPLOYEE AND TRAINER LIABLITY
If an employee of the gym is not conducting themselves appropriate in the gym and is acting negligent, the employer can be held liable. If an employee is failing to supervise the facility or is acting intentionally inappropriate the gym owner may be liable. Similarly, if there is an insufficient staff available to monitor the facility or if hiring is done negligently, the employer may be liable.
Similarly, if a personal trainer at the gym is completing their job negligently, they can be liable. This may occur when they instruct a gym member to do a workout incorrectly and it results in injury. A trainer can be liable for injuries which are a result of their negligent or reckless instructions.
CONTACT AN ATTORNEY TODAY
If you have been injured due to the negligent acts of a gym owner, employee or trainer, reach out to an attorney at Silva Injury Law who can assess your case for free and determine if you have right to compensation for your injuries.
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At Silva Injury Law we promote healing through compassionate advocacy. With each case tailored to the individual, we look our for your best interests by evaluating your unique circumstances. Contact us today for a FREE in person or remote consultation.