Gyms are hotbeds for personal injury accidents. Machines, heavy equipment, lots of moving parts, incompetent staff members, sweat/water on the floor, bacteria-covered mats, and members pushing themselves to their physical limits all combine to make the gym a likely scene for a personal injury or illness. Yet not every gym injury is grounds for a claim against the establishment. Learn when you may and may not be able to file a claim against a gym’s insurance company.
Gym Liability Waivers
Almost every gym requires its members to fill out and sign some kind of liability waiver before entering the premises and using gym equipment. Most gym owners are aware of the high potential for personal injuries, and use these waivers to limit their exposure to injury claims and lawsuits. The waiver will most likely state something along the lines of, “I understand that (Gym Name) is not liable for any accidents or injuries that occur on the premises.” By signing this waiver, you enter into a legally binding contract with the gym or exercise studio that the gym will raise as a defense if you sue.
Gym waivers are usually drafted broadly, but courts read them strictly against the gym. However, there are ways to get around the stipulations of a waiver if the circumstances are right. For example, if the waiver’s language is vague and ambiguous, with room for misinterpretation, the court may refuse to enforce it. In Georgia, courts enforce fitness-club waivers of a gym’s ordinary negligence (Day v. Fantastic Fitness, 1989; Lovelace v. Figure Salon, 1986) if the waiver is explicit, prominent, clear and unambiguous (Holmes v. Clear Channel, 2007), but no waiver can excuse gross negligence or wilful or wanton misconduct (McFann v. Sky Warriors, 2004). South Carolina courts construe waivers strictly against the gym (McCune, 2005) and will not enforce one so broad it would excuse the gym for any reason (Fisher v. Stevens, 2003).
Negligence-Based Gym Injury Claims
Personal injury law centers on the theory of negligence. An establishment that invites visitors with expressed or implied invitations must maintain a reasonably safe premises for its invitees. The rules of premises liability law mandate that a gym or other property with invited guests must reasonably inspect for hazards and fix them or warn about them. If a gym owner knew about, or should have known about, a hazardous condition and failed to make repairs, an injured person may be able to file a claim on the grounds of negligence even if they signed a waiver, depending on its wording and how serious the gym’s failure was.
An injury resulting from malfunctioning equipment, unsanitary conditions, an incompetent personal trainer, delayed emergency assistance, or another unreasonably hazardous condition may support a claim against the gym’s insurance company or a personal injury lawsuit. A defective machine may also support a product-liability claim against its manufacturer (O.C.G.A. § 51-1-11; S.C. Code § 15-73-10). Proving negligence against a gym can be difficult, as the injured party has to get around the language of the contract he or she signed. However, there is often evidence of the gym’s negligence regarding the accident, such as:
- Other gym members previously notified management of the dangerous condition
- Witnesses saw that a faulty or broken piece of equipment caused the injury
- The gym is guilty of improper staff hiring, training, or retention practices
- The gym’s janitorial staff is negligent in keeping the premises clean and sanitary
- The gym owner failed to perform routine maintenance inspections
With an experienced Savannah personal injury attorney, it may be possible to prove a gym or property owner’s negligence for your personal injury. If property owner or manager carelessness, recklessness, or breach of duty caused or led to your gym injury, contact an attorney as soon as possible. In Georgia you generally have two years to file (O.C.G.A. § 9-3-33); in South Carolina, three (S.C. Code § 15-3-530). Your first phone call should be to your local hospital or doctor’s office to treat your injuries. Your second call should be to an experienced personal injury attorney to learn your rights as a gym member or visitor.
Frequently Asked Questions
About the Author
