Gym Accident Injury Lawyers Seeking Compensation on behalf of Injured Victims in Trenton, Princeton, Hamilton, and Mercer County, NJ
People in New Jersey—indeed all over the country—go to the gym or the workout studio for all kinds of reasons. Here’s a list, starting with the most often-cited reasons:
- To maintain or improve health
- To increase strength and improve endurance
- To trim unhealthy fat
- To reduce the stress of one’s daily life
- To have a more shapely body
- To improve one’s appearance
- To meet friends and new people.
Revenue from gym memberships and fees has grown steadily for years and shows it’s a thriving industry. According to Statista, industry-wide yearly revenues dropped by $5 billion because of the pandemic, but they are fast approaching the pre-pandemic high of nearly $37.5 billion.
“No Pain-No gain?” Not So if You are Injured in a New Jersey Gym Accident
With that kind of revenue generated by millions of people going to the gym to work out, the potential for someone to be injured is high. If a business owner is careless about training the staff thoroughly, maintaining the equipment, and keeping the premises and equipment spotlessly clean, accidents can happen, injuries can occur, and germs can be transmitted.
Gym Liability in New Jersey
Gyms and workout studios in New Jersey are responsible for keeping the premises safe, just like any other business. You don’t generally sign a liability waiver before you walk into most other businesses. But you must sign one of these waivers before a gym will give you a membership, and it may limit the gym owner’s liability for equipment malfunction or even staff negligence. Some waivers try to create a complete shield of immunity from lawsuits.
When you sign up for a gym membership, this is something to watch out for. Make sure you read the contract before signing. Bear in mind, however, that a waiver may not succeed in court. It depends. What you have signed will strengthen or weaken your case.
Common Types of Injuries Suffered at NJ Gyms
No matter what your level of fitness or how experienced you are at working out, you can still get an injury. The most common gym injuries that happen are:
- Muscle pull and strain
- Sprained ankle
- Shoulder injury
- Knee injuries
- Shin splint
- Wrist sprain or dislocation
Please note that a warm-up and cool-down routine before and after each session reduces your risk of injury.
Who Can Be Held Responsible if a Gym Accident Occurs?
For the most part, a person using a gym is responsible if they tear a ligament or pull a muscle. But in other circumstances, other parties might be held accountable. For example, an equipment manufacturer could be held liable for defective machines or for not warning gym-goers about the danger of not using the equipment correctly.
Also, a gym can be held liable for not dealing correctly with a hazard that it had been informed about or should have known about on its own. This can include not cleaning showers or equipment thoroughly enough, allowing bacteria and germs to thrive, leading to serious infections.
Personal trainers may also be liable if they perform their duties without a reasonable level of caution and care.
Main Types of Negligence in NJ Gyms
It’s helpful to be aware that personal injury suits are based on two different kinds of negligence: 1) ordinary and 2) gross. Ordinary negligence occurs when the individual or organization fails to act carefully about its obligation to ensure others’ safety. Gross negligence occurs when a staff member or gym owner makes a conscious choice to neglect their obligation for safety.
Liability waivers don’t protect gym owners from claims of gross negligence. If your gym was warned about safety conditions and didn’t listen, that could be gross negligence, and your case would have a much greater chance of winning.
Once again, it’s important to be aware of what you sign when you join a gym.
I was Injured at the Gym, Now What?
You need to be proactive, if at all possible. The injury may take weeks or months to recover from. You may endure a great deal of pain, face huge medical bills, and lose pay from work. When a gym is negligent, or another gym member or staff member causes an accident, it’s possible you could build what’s known as a “personal injury lawsuit” that will help you pay your medical bills, replace lost income, and compensate you for suffering and pain. But proactive steps make this more likely.
Take Photos of the Scene
Monetary recovery will depend on whether the gym, the staff, or another gym member was careless or allowed a malfunctioning machine to be used. It’s tough to prove. But it’s easier to prove if you take pictures of the scene (hopefully, you’re able to). Take snapshots of your injuries, any malfunctioning equipment, or conditions such as a wet floor.
Gather Witnesses’ Contact Information
If at all possible, get people who were either involved in the incident or who might have witnessed the incident to write down their names and contact info. This can be crucial to the success of a case.
Don’t Sign an Extra Waiver or Accept Any Sort of Gift
You probably signed a waiver to gain membership in the gym, but don’t sign any extra documents after an accident. These may limit your lawyer’s ability to gain compensation for your injuries. Don’t accept the gym owner’s or staff’s statement that the waiver you signed for membership blocks their liability. It may not be true. And don’t accept anything like a gift certificate or a free “one-month membership” card because the gym owner can argue that you accepted a gift as a settlement.
See a Doctor
Of course, you need to get the care you need. But also, if you don’t get medical attention, the gym owner will argue that you weren’t really injured.
Contact Distinguished Mercer County Gym Accident Attorneys who Can Help you Handle your Gym Injury Claim throughout New Jersey
If you suffered injuries while working out at the gym, and you consider that they were caused because of the negligence of the gym owners, employees, your instructor or another responsible person or entity, you have the right to file a personal injury claim to pay for your medical bills or rehabilitative treatment, plus additional considerations like lost wages and pain and suffering.
As soon as possible, contact an attorney at Kamensky, Cohen & Riechelson. We are lawyers who concentrate on personal injury, having represented clients in New Jersey for over 50 years. Personal injury cases in New Jersey have a statute of limitations, and your lawyer will need to get to work as soon as possible to collect evidence and build your case.
We have long represented clients injured in Hamilton, Trenton, Lawrence, Princeton, Pennington, Robbinsville, Ewing, East Windsor, and other towns in Mercer County and around New Jersey. Call (609) 528-2596or contact us online, and a staff member of ours will be more than happy to assist you and connect you with the proper lawyer for further advisement.