Injuries at the gym are fairly common. Whether it is from pulling a muscle after doing too many reps or from slipping on a wet floor because another member is using the shower, you may be wondering if you can sue your gym for damages caused.
Most gyms require that their members sign some type of liability waiver before they join the gym. Some even take the precaution of having individuals who simply want to take a tour of the gym sign waivers. It is a possibility that heavy lifting or exercise will result in you being injured, so gym owners are right to try and protect themselves from lawsuits by enforcing liability waivers on their members. However, there are a few loopholes that can give you the ability to sue if you have been injured, depending on the type of liability waiver in your contract. Common liability waivers found in these contracts include a waiver of liability for international acts, a waiver for negligence, and a total waiver of liability.
A waiver for negligence prevents gym members from suing for any injury sustained due to the negligence of a gym or its employees. These include slip and falls and use of any faulty equipment and is enforceable in court the majority of the time.
A total waiver of liability frees the gym of any liability for injury that occurs on the premise. If the contract is too broad, it will be unenforceable in a court.
A waiver of liability for intentional acts is very rare and against public policy for courts to enforce waivers on the behalf of intentional reckless conduct.
Overall, it depends on the type of liability waiver that is hidden within your gym contract, so you should first find out which of the three it is. For example, if a gym owner knows a certain machine is broken and still allows a member to use it, it could be considered reckless behavior that gives a reasonable cause for lawsuit. It is important that you remember any waiver can be challenged in the court, if your lawsuit happens to reach one. If the judge deems the waiver to be unfair or insufficient, you may be awarded compensation. If you or someone you know has been injured at a gym and believe that the gym was at fault, you should seek medical attention immediate and may also want to seek the advice of a skilled lawyer can count on.