Compensation For Gym Injuries Due to Faulty Equipment

Compensation for gym injuries due to faulty equipment may include medical bills and treatment expenses, lost income, and property damage. You may claim for non-economic damages like pain and suffering and disfigurement. To receive compensation, you must bring a compensation claim.

The experienced Columbia personal injury lawyers at Shealey Law Firm explains compensation for gym injuries due to faulty equipment.

Can You Sue a Gym for Faulty Equipment?

You may sue a gym for faulty equipment if the gym is legally liable for allowing the hazard to persist. The faulty gym equipment must be the cause of an injury.

Possible Gym Injuries Caused by Faulty Equipment

• Broken bones
• Crushing injury
• Cuts, slicing injury, lacerations
• Burns, electric shock
• Loss of limb, amputation, dismemberment
• Traumatic brain injury, concussion
• Eye damage
• Dislocation
• Severe allergic reaction, dermatitis
• Wrongful death

Who Can Be Held Liable for a Gym Equipment Injury?

The gym or the equipment manufacturer may be liable for a gym equipment injury. Who is liable depends on why the danger was present and why the accident occurred.

Product Liability vs. Premises Liability: What’s the Difference?

A claim for gym injuries may be a premises liability claim or a product liability claim.

These are two grounds for fault or reasons that another person or party may be liable to pay compensation.

Premises liability for faulty gym equipment lawsuit

• These claims are brought against the gym.
• The claim is that the gym didn’t do enough to keep the property safe.
• Standards are high for the gym because you are an invitee to the premises for a business purpose (in other words, the gym profits by selling you a membership or pass).
• The gym must address foreseeable and avoidable hazards.
• The gym must warn patrons of hidden dangers.

Product liability for faulty gym equipment lawsuit

• Product liability is liability for a product being defective.
• Typically, a product liability claim is brought against the manufacturer of the gym equipment.
• A claim may be based on poor design that makes the equipment likely to malfunction.
• A claim may be based on a manufacturing mistake that makes a specific piece of equipment susceptible to malfunction.
• Product liability may include failing to instruct how to use equipment safely.

Example of product liability vs. premises liability

A stack of free weights is not secure on a piece of equipment. The equipment has failed, sitting unevenly and collapsing several times. However, rather than labeling the equipment out of service, gym staff allow it to be used for several days. It fails again, and this time, it results in a broken bone and joint dislocation.

This case is likely premises liability. The gym did not warn people of the dangerous condition or instruct them not to use the machine. It may also be product liability if the piece of equipment was designed or manufactured in a way that made it likely to fail.

General negligence

There may be other negligence claims brought against a gym. For example, a personal trainer who instructs a client to use equipment incorrectly may create legal liability for the gym.

How To Prove Negligence in a Gym Injury Claim

To prove negligence in a gym injury claim, you must show action or inaction on the part of the gym. It’s a factual question that is specific to the circumstances. Proving negligence often requires significant development of the facts—what dangers were known and when. You may need to interview employees and obtain operational records.

The gym may not fully cooperate. You can use the discovery process to demand records and document testimony to prepare your case.

In addition, you may inspect the machine and the premises and prepare accident reconstruction.

An attorney can help you build your case.

Responding to claims of comparative negligence

Often, the gym responds to a faulty equipment claim by claiming comparative negligence. They say you did something to cause your injuries.

Just because the gym accuses you of something doesn’t make it true. There may be a factual dispute of what happened.

South Carolina uses a system of modified comparative negligence. You may be able to recover some compensation even if you were partially at fault.

What Compensation Can You Recover for a Gym Injury?

Compensation you can recover for a gym injury includes economic and non-economic damages. Lost income may be claimed for missed work. Pain and suffering are proportional to injury severity. An attorney can help you value your case and identify categories of compensation.

Steps To Take After an Injury at the Gym

After an injury at the gym, report the accident to the gym staff and ask them to make a written report.

Seek medical attention. If you’re unable to take photos yourself, ask people who were there to take photos of the equipment and scene and send them to you.

Obtain names and contact information of people who were at the gym at the time,

including employees. Seek help from an attorney for gym injuries due to faulty equipment.

Contact an Experienced Columbia Personal Injury Lawyer

Have you been hurt because of faulty gym equipment?. Call Shealey Law Firm to talk to an experienced Columbia personal injury lawyer.