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Gym Accidents - All You Need to Know

The gym, to many people, is a place to go to improve health and wellness.

However, there are unfortunately many aspects of gym establishments that can do the opposite, and cause harm.

With a rush of people signing up to gyms in the new year, it’s important to know your entitlement if you suffer an injury.

Here is all you need to know when it comes to gym accidents.

Common ways to sustain injury at the gym

The gym is a public space that can house dangerous risks if not assessed properly. And just like any other public space, unassessed risks are the responsibility of whoever owns the land or space.

You may think a gym accident is completely your fault if you have one, but that is probably not the case. There are many ways you could injure yourself at the gym. Some include:

• Injuries sustained while using weights
• Crush injuries
• Slips or falls
• Awkward landings

All of these are examples of accidents where a potential public liability claim could be made. The key thing that would need to be proven is negligence on behalf of the gym establishment.

Examples of negligence

Faulty equipment

While using a gym, in particular its equipment, there is always a potential risk of injury. However, if you sustained an injury while using equipment which turned out to be faulty, you are entitled to make a public liability claim.

The owner of the gym premises has to, by law, comply with various health and safety regulations. An example of such legislation would be the Occupiers Liability Act.

Therefore, if equipment is faulty and you fall victim to an accident, this is not your fault. It is most likely the responsibility of the gym owner. Or in certain circumstances, if machinery was brand new for example, responsibility would lie with the manufacturer.

Poor instruction

All gyms should provide an induction session to new members. This session should show you around the establishment and teach you the safety measures and best practices of how to use the equipment and facilities available to you.

If you were never shown the equipment, or how to use it correctly, and have been injured as a result, you may be able to make a claim against the gym’s public liability insurance.

You will also be able to make a public liability claim if you have been given poor instruction from a personal trainer and fallen victim to an accident.

Can you still claim if your gym has made you sign a waiver?

Often, gyms will ask their customers to sign a waiver. This may be the establishment’s way of absolving themselves of any responsibility if a customer has an accident on the premises.

However, even with a waiver, you can’t claim that customers are in complete control of their wellbeing at the gym. Some things, such as faulty equipment, the absence of safety precautions, and poor guidance, are not the responsibility of the customer.

Therefore, if you can prove negligence with one of these examples above, you should still be able to make a public liability claim even if a waiver has been signed.

In fact, a waiver which attempts to completely absolve the establishment and prevent you from claiming will most likely be a violation of the Unfair Contract Terms Act.

Have you had an accident in a gym, or any public space recently?

George Edwards, Personal Injury Specialist at Winn Solicitors explains the importance of supportive liability claim services:

“Having a non-fault accident in a public area can be an extremely stressful situation. From the initial injury to having to take time off work, an accident can have far reaching effects on your day-to-day to life. People often avoid making a claim because they are often not aware that they can bring a claim, or are unaware how straightforward the claims process can be.

“If you have suffered an injury and you deserve compensation, Winn Solicitors can help you make a personal injury claim.”

If you’re looking for support in public liability claims, get in touch with Winn Solicitors today.

With a dedicated team of legal specialists in public liability claims, they can give you the support you need, and help you achieve the public liability claim compensation you deserve without the stress.

This was posted in Bdaily's Members' News section by Winn Solicitors .