Those who experience an injury while at the gym are able to recover monetary damages. However, to acquire compensation, you will need legal representation. At West Coast Trial Lawyers, our experienced Los Angeles premises liability attorneys will review your case to determine what essential pieces of information should be included to strengthen your claim. We will also negotiate with insurance companies to ensure you get the settlement offer you deserve.
Common Types of Gym Accidents
Under California law, an owner or trainer can be held liable for their negligent actions if it contributes to a gym member getting injured. Common gym accidents include:
Once the accident occurs, you may not be able to fully comprehend what just happened. Several factors may be involved when attempting to determine who is at-fault for the accident.
Under California’s premises liability law, it is required for a gym owner to make sure that their facility is safe and that equipment is in good condition for gym members to utilize. To do so, gym owners must:
Failure to do so will hold the gym owner accountable for any harm that was done because of their lack of care to gym members. This applies to gym facilities that are run by the county or city, as well. If an individual was injured in a property that was owned by the county or city, then they will be liable for damages if:
It is possible for a gym employee to be held liable for a gym-related accident. Under California’s Respondeat Superior laws, an employer is responsible for any form of negligent hiring or supervision of their employees. If an employee is not appropriately conducting themselves in the workplace and is committing negligent actions that result in an accident, the employer could be held liable for it. This includes:
Personal trainers may be at-fault for a gym member’s injury. An example could be a personal trainer instructing you to perform a workout routine incorrectly, thus resulting in an injury. That personal trainer will be held liable for any injuries or damages that were caused due to their reckless instructions. The jury will then determine whether that trainer’s guidance would correlate with how another personal trainer would have handled a similar situation.
In some circumstances, a gym member can be held responsible for committing an act that results in the injury of another gym member. Examples could be gym members not:
For the victim to prove they were harmed by another gym member, they must exhibit that individual’s negligence by showing:
There are a variety of gym facilities that incorporate waivers into their membership documents. These waivers indicate that any injuries taking place within their facilities will not be blamed on them. The waiver may be used for gym members who have a trial period membership, full-time membership, and a guest membership. Basically, any individual utilizing the facilities should be fully aware of potential risks that may come about if they do not use the equipment as instructed.
Once the document has been signed, several rights may be waived by the waiver. Regardless of how severe the injury was, the gym has no responsibility for it. Additionally, the waiver may also cover any injuries that were caused by pre-existing health conditions.
However, if there is an injury that led to an individual’s death, it is generally not covered in waivers. Also, if a facility member intentionally exhibits careless or reckless behavior, then they may be held liable, depending on the circumstances and the aftermath.
You are given a two year time period to file a premises liability injury in California. If you believe that you may have been partially at-fault for your accident, you may still file a claim. Under comparative fault law, you and the gym facility may share the fault proportionally based on the level of negligence contributed by both parties involved. ary depending on the specific circumstances of a case.
Available Damages for a Premises Liability Accident at the Gym
You could file a personal injury lawsuit against the gym if you sustained any injuries. A thorough investigation is needed to ensure that the final decision of the cause is correctly determined. If the incident applies to California law standards, then you will be compensated for the damages you suffered. Damages include, but are not limited to:
You must provide proof of negligence in order to recover damages after your injury. Factors for determining negligence include the following:
If you or a loved one has been a victim of a gym-related accident, West Coast Trial Lawyers has skilled premises liability attorneys that are readily available to help you get the maximum compensation and justice you deserve. Our attorneys are determined to work tirelessly to ensure you receive a satisfactory end result for your settlement. No fees are paid until we win your case.
Contact us today by calling 213-927-3700 or filling out our contact form to schedule a free, no-obligation consultation with our knowledgeable, caring, and compassionate legal team. We are available 24/7 to answer your questions.