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You go to the gym expecting a quick workout, but what happens if you leave with a serious injury instead? You may wonder, Can I sue a gym for injury?
The answer may be yes. Our experienced Columbia personal injury lawyers at Shealey Law Firm explain.
Common Gym Injuries Caused by Equipment Malfunctions
Gym injuries can occur in many ways. A cable may snap. A belt may be worn. Electronic equipment may malfunction. Bars and benches may fail.
Gym injuries caused by equipment malfunctions include:
- Cuts, lacerations, puncture wounds
- Amputation, loss of a body part
- Nerve damage, spinal cord injury
- Broken bones, fractures
- Eye injury, blindness
- Crushing damage
- Burns
- Traumatic brain injury
- Electric shock
- Soft tissue damage
- Unconsciousness
What Legal Duty Do Gyms Owe to Their Members?
Gyms have a legal obligation to keep their members safe, whether it is the operation of equipment, keeping the floor free from spills, or preventing trip and fall hazards.
The gym has a duty to do what is reasonable. That may mean putting up a sign that a machine is out of service or testing machines for signs of wear and tear.
Whether the gym violated its duty depends on the specific series of events. Failing to meet the legal duty is called acting negligently, and negligence can be the basis for a lawsuit.
Proving Negligence in a Faulty Equipment Injury Case
As the plaintiff, you must prove the gym acted negligently. There are multiple ways to prove negligence, including:
- Inspection of the machine
- An animation or recreation of what happened
- Explanation of how the machine is supposed to function
- Reports of previous repairs or prior injuries
- Recalls or safety warnings about the equipment model
- Witness testimony, statements of employees
- Information about the duty of care and what would have been reasonable
- Photos and video of the accident, broken equipment, and injuries
In addition to proving negligence, you must prove that this negligence caused the injury. You must also identify your damages and specify the appropriate amount of compensation.
What Role Do Waivers and Membership Agreements Play?
When you joined your gym, you likely signed a waiver, and you may or may not have read it prior to signing.
Does signing a waiver prevent you from suing a gym for faulty equipment?
The answer is that it depends on what’s in the waiver.
In South Carolina, a waiver can be enforceable. To be valid, it must be clear and specific.
Courts generally disfavor waivers because they can allow parties to escape accountability for negligent actions. However, they will enforce a waiver if it is created freely and fairly, with all parties having equal bargaining power. A court will not uphold a waiver to excuse reckless behavior or intentional harm.
Don’t assume that you cannot file a lawsuit against a gym for faulty equipment just because you signed a waiver. Just like you may not have read the waiver carefully, gym representatives may not have thoroughly reviewed it either. Gyms, even large chains with multiple locations, often believe that any waiver they use is sufficient. They might not have ensured the waiver is legally enforceable, which can work in your favor if you want to know whether you can sue a gym for injury.
You may hear a waiver called an exculpatory contract. An exculpatory contract relieves one party of a legal duty to another, and consideration is not required.
Steps To Take Immediately After a Gym Injury in Columbia
If you are injured at a gym in Columbia, SC, protect people from additional harm. Make sure that heavy objects are secured from falling on others and that any electrical hazards have been addressed. Seek the appropriate medical response, whether it’s calling 911, going to the hospital, or urgent care. Administer first aid as needed.
Leave the equipment and the area where the injury occurred unchanged until you can take photos. Identify witnesses and obtain their contact information. Ask what they saw and ask them for brief written statements. Don’t post anything on social media about the incident, or otherwise, for now.
The sooner you have a lawyer representing you, the sooner you can have an experienced legal representative to help you with the next steps.
When the Manufacturer May Also Be Liable
In addition to the gym, a manufacturer may also be liable for faulty gym equipment in Columbia, SC. An equipment manufacturer may be liable for a poor design or a defect that makes the equipment likely to fail. In addition, equipment can be too hard to use or come with poor instructions. Even though you’re not the one who purchased the gym equipment, the manufacturer can still be liable under South Carolina’s defective product law.
How a Columbia Personal Injury Lawyer Can Help with a Gym Injury Claim
A Shealey Law Firm Columbia personal injury lawyer can help with a gym injury claim. Our lawyers can determine if you have a valid case and what it might be worth. We can build evidence to prove negligence and work to settle your faulty gym equipment lawsuit or take it to trial. For legal help and to start your case today, call or message us now.