With the world returning to a somewhat “new normal” after being shut down for nearly two years, many people have been going back to the gym in hopes of getting exercise in and also socializing with others. While the safety of all workout equipment has increasingly improved consistently over the years, accidents do happen. Specifically, running on a treadmill can result in a fall, lifting heavy weights can hurt ligaments or muscles, overdoing movements during yoga can tear muscles, among other potential risks. Depending on the situation, an injured customer may be able to sue the gym for monetary compensation due to its contribution to the accident and resulting injury. Below is some basic information on an accident victim’s rights and responsibilities when it comes to gym-related accidents.
Limitations on Liability
Before determining whether a gym has a legal responsibility toward its members for injuries suffered, it is critical to understand the legal principles that protect gyms from legal and financial liability. For example:
- Liability Waivers: All gyms require its members to complete and sign off on a liability waiver, protecting the gym from financial and legal responsibility in the event of an injury. In order for these to be enforceable, the waiver must be clearly worded, and only cover events that are reasonably foreseeable at the time of signing.
- Assumption of Risk: Even if a gym’s liability waiver does not cover the specifics of a member’s injury, the gym may also be able to rely upon a member’s assumption of risk to avoid responsibility for some or even all of the harm suffered due to an injury. When a person voluntarily engages in an activity that they know or should know is risky, then they have assumed the risk.
Holding a Gym Responsible
While there are situations in which a gym may be able to avoid liability for a member’s injuries, a gym can be held responsible in certain circumstances. Specifically, there are two main ways in which a gym could be held responsible:
- Premises Liability: Because gyms are open to the public, they owe a higher duty of care toward their members to make sure the facility is safe for use. Gyms must take steps to verify the safety of the space and equipment and also take action to remedy any existing dangerous conditions.
- Employee Negligence: Gyms are also responsible for injuries caused to members because of actions or inactions taken by gym employees.
Our Nevada Personal Injury Lawyers
If you were hurt or someone you love has been hurt or killed in a Nevada gym accident, know that you have legal options. A lawsuit can help an injured victim seek compensation for lost wages, medical bills, as well as pain and suffering. The qualified and skilled personal injury attorneys at H&P Law have helped thousands of accident victims across the state of Nevada. Contact us today to schedule your initial case evaluation.
