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We go to the gym to stay healthy, even visiting the hotel gym while on vacation. And we often overlook the health risks of exercising in a gym (usually because we're glued to the TV while on a StairMaster).
In a closed environment littered with exercise equipment, towels, sweat, and other workout aficionados, it's no wonder accidents happen at the gym. But if you're injured in a fall while exercising, could the gym be legally responsible? Can you sue?
Waive(r) Goodbye to Your Claim?
Many gyms will try to avoid responsibility for member injuries through liability waivers. While these waivers may say that you can't sue the gym if you get hurt while working out, some of these agreements have been found unenforceable by courts:
So even if you've signed a liability waiver for your gym, you may still be able to sue if the injury is not your fault.
Promise of Safe Premises
Property owners can be held liable for injuries that occur on their property. This is known as premises liability. As business owners, gyms must take reasonable steps to assure the safety of the premises, including regular inspections of the facility for defects and potential dangers.
If the gym owner or staff should have known about a potential injury risk and failed to take action, you may have a valid premises liability claim. If you've been injured at the gym, you may want to consult with an experienced personal injury attorney near you.