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:
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.
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.
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.
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:
Please note that a warm-up and cool-down routine before and after each session reduces your risk of injury.
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.
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.
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.
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.
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.
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.
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.
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 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.
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