Going to a gym is a fantastic way to get fit and healthy. However, certain kinds of equipment and exercises may be dangerous, particularly if the equipment is improperly maintained and the trainers leading the exercises are improperly prepared. In a case like this, you are generally entitled to compensation. Read on to learn more about what kinds of gym injuries happen, why they happen, and what defenses a gym may try to argue. Contact an NYC personal injury lawyer if you’ve sustained an injury at a gym. You deserve compensation and lawyers you will fight hard on your behalf.
Common Gym Injuries and Their Causes
The nature of working out creates the opportunity for injury if we are not careful. Some typical injuries that happen at a fitness center are:
- Cardiac problems
- Shin splints
- Groin pulls
- Wrist sprains and dislocations
- Bone fractures
- Head, shoulder, back, and brain injuries
There are a number of ways negligence, either our own or the gym’s, may contribute to injuries. Some common causes of gym injuries include:
- Unsafe conditions
- Incorrectly maintained equipment
- Falling free weights
- Overexerting yourself
What Should I Do After a Gym Injury in NYC?
The first thing you should do after an injury is to seek medical attention and report the injury to a gym employee. If you don’t feel unwell or too hurt, make sure to start keeping detailed records. Take pictures of where the injury happened, get identifying information from others, and do brief interviews if possible.
If you haven’t already, do not sign a waiver now. Nor should you accept any gifts from the gym, its employees, and its associates. The gym may try to use this against you in a future lawsuit. And on that note, do be sure to contact an attorney as soon as possible.
Types of Defenses a Gym May Use
Businesses like gyms may use many different types of defenses, should you file a suit. This section will review some frequently used defenses.
Implied and Express Assumption of Risk
The gym may argue that you accepted the risk when you went to the establishment. Assumption of risk may either be express or implied.
Express assumption of risk means the gym told you about the risks entailed in this activity, and then you signed a statement like a waiver or you verbally agreed to accept the risks. Gyms may use waivers for negligence, waivers for intentional acts, or total waivers of liability. Of these, courts may refuse to enforce waivers for intentional acts as against public policy as well as total waivers of liability as too broad and clunky.
Implied assumption of risk means that, though you didn’t sign an agreement, you were aware of the dangers in an activity and nevertheless chose to participate. For instance, if a piece of workout equipment has several warnings posted around it, but you decide to use it, the gym may argue that there is an implied assumption of risk on your part.
The gym may also argue that you are partially responsible for your own accident, under an affirmative defense known as comparative negligence. If the defendant is successful with this argument, your recovery will be reduced by whatever percentage the court determines you contributed to the injury.
For example, if the court finds you 20% negligent, you will only receive 80% of the award the court initially selects. If the court finds you 100% negligent, you will not recover at all.
CONTACT OUR EXPERIENCED NEW YORK CITY FIRM
Our entire legal team is dedicated to providing the advice you need and the personalized attention you deserve. If you have been injured due to another party’s negligence, call 866-886-0892 or fill out our contact form to schedule a free consultation with a New York City personal injury lawyer. You may be entitled to financial compensation, which can help you on your road to recovery.