Gym injury lawsuits in California are not uncommon. Some of the most injuries happen in fitness centers. How can we prevent these injuries? This article will inform you of what steps to take if you or someone you know has been injured at a fitness center. In most cases, fitness center injuries are the result of carelessness.
Anyone injured in a fitness center accident may file a personal injury lawsuit against those responsible under personal injury law. Members of a gym may also be able to file a product defect lawsuit against an equipment manufacturer for injuries sustained while using defective equipment.
Fitness center injuries are common and can cause serious damage to the victim. Injuries may be caused by a defect in the equipment, faulty construction, or even improper maintenance. Gym injuries are frequently caused by the following factors:
Victims of injuries sustained at a gym or fitness center can frequently recover monetary damages. You can file a personal injury lawsuit to seek compensation for your injuries. If you suffer injuries in a gym-related accident, you may recover compensation for the following:
Under California's negligence laws, a negligent party is liable for any injuries caused to another. You may not know what caused a fitness center injury accident or who was at fault. There could have been a number of factors that contributed to the accident that were not apparent at the time. Investigators may need to determine who was at fault so the injured victim can pursue compensation.
After a fitness center injury, anyone who was partially responsible for the injury may be held liable for damages. This could include anyone who directly caused the injury or anyone who failed to follow proper safety procedures. Even if you did nothing wrong, you may still face liability. You should still pursue damages if someone else contributed to your injuries. After a gym injury accident, you may hold the following parties responsible:
Many gym injuries involve trauma to the neck, spine, back, or head. These injuries can be difficult to identify, however. You may not experience severe pain after the injury and believe that nothing is wrong. Some people are also tempted to "tough it out" or "walk it off." However, you should not take any chances with serious head, neck, or back injuries that could result in long-term problems. You should seek medical attention immediately following a gym injury. Even if you are unsure whether you require medical attention, you should consult with your doctor. There are many ways to prevent these injuries from happening including wearing supportive shoes for any type of exercise, getting proper instruction on how to use machines before using them alone, stretching before exercising to reduce soreness later on in the day and warming up with a five-minute jog or walking session before beginning an intense workout. Following a gym injury, you may want to obtain contact information from anyone who witnessed the accident. If there was an equipment malfunction, ask the gym to preserve the faulty equipment so an expert can inspect it during the investigation. Be sure to take photos of the area around the accident, including any obstacles or conditions that may have contributed to your injury. Pictures will be of benefit to your case.
If you or someone you know has been involved in a personal injury at a fitness center, please feel free to contact KAASS Law by calling 310.943.1171. Our team of experienced attorneys will be sure to get you the compensation you need for the severity of your case.
When a gym member experiences an injury at a gym or a fitness center as a result of an unreasonably dangerous condition or some other negligence, he may be able to sue the gym for caused injuries and recover money damages suffered from the gym related injury.
Before filing a personal injury lawsuit several important issues must be considered:
Gym can be liable if the injury is proven to be causes by the facility’s fault. This can be due to construction hazards, faulty equipment, or improper maintenance procedures. The gym has a certain degree of responsibility to ensure the members well being.
Some specific situations or examples when an injured person may sue the gym and seek compensation include:
Some of the common injuries that gym accidents can cause:
Gym owners must use reasonable care to discover any unsafe conditions; they are also responsible for fixing dangerous conditions and warn the gym members about those dangers. In case a property owner is unable to fix the dangerous condition he must put up a notice or warning of the hazard. A person injured in fitness center may be able to recover damages for medical bills, hospital bills, physical or occupational therapy, medical supplies, lost wages, pain and suffering, lost earning capacity, punitive damages and property damage.
The more popular legal defenses that fitness facilities such as LA Fitness or 24 Hour Fitness may use to defend gym accident lawsuits include the following defenses.
Assumption of risk is a legal defense that makes liable a person who engaged in strenuous physical activity. The gym owners can prove that the victim assumed the risk of injury, knew he could get hurt at the gym and chose to join anyway.
Generally, most gyms and fitness facilities require their members to sign a waiver of liability. While, others gyms or fitness centers may post disclaimers that all members are working out at their own risk.
Moreover, gyms generally include a release of liability waiver within their membership contract which depending on the language ultimately releases the gym and its employees from liability in the event the member suffers an injury and wants to file a personal injury lawsuit against the gym. However, a gym and fitness facility can not completely reveal themselves from absolute liability. The skilled Glendale personal injury attorney at KAASS LAW have been able to successfully sue and recover money damages for injuries suffered at a fitness facility with the existence of release of liability waiver.
In California a victim can sue a fitness center or a gym in California for suffering an injury due to::
As such, a release of liability gym waiver can be considered void if it is overly broad or violates public policy.
In some cases gym accidents are caused by a defective piece of exercise equipment. A part of workout equipment can break and cause a person to lose control of the equipment and suffer an injury.
According to California's products liability law, the company who manufactured, designed, or sold the defective workout/fitness equipment product is liable for caused injuries. The injured person does not have to prove the company was negligent. In product defect cases, strict liability can be imposed for manufacturing defects, design defects, and failure-to-warn defects.
Have you been injured due to a gym accident in California? If so, we invite you to hire our dedicated Los Angeles gym accident lawyers today. You can rely on our experienced lawyer to carefully analyze the facts of your case to prove the facts necessary.
To schedule a free consultation with one of our personal injury lawyers, call Kaass law today at (310) 943-1171 or send us an email through our online appointment form.