How to File a Personal Injury Claim for Gym Accidents

If you get hurt at your gym, you may be able to file a personal injury claim for your accident if the owner of the gym was negligent. Slip and falls, malfunctioning equipment, and even negligence by trainers hired to work at the gym are just a few examples of how gym owners can act negligently, leading to their liability for your injuries.

Filing for an injury claim in Sarasota after your gym accident isn’t as easy as it may seem. It requires proving negligence to have a valid case.

Understanding the Duty of Care of Gym Owners to Their Patrons

Every gym owner in Florida owes their patrons and invited guests a safe environment. This requires them to regularly inspect and maintain all equipment and the facilities to prevent accidents. 

The gym should also be kept clean, and gym owners need to alert patrons of any hazards that can’t immediately be rectified such as wet floors, damaged flooring, or other items that can cause guests to slip, trip, or fall.

Gym owners are also responsible for who they employ as instructors. They must ensure they properly guide and supervise patrons during workouts to minimize the risk of injury. Security is another important measure, as gym owners are responsible for the safety and protection of their guests. 

Was the Gym Owner Negligent?

For personal injury cases, there are four elements of negligence that must all be satisfied to have a valid case. If you were hurt in a gym accident, you must establish that the gym owner owed you a duty of care.

If you are a member of the gym or an invited guest, the gym owner has a duty to keep the premises safe. Next, there must be a breach of this duty, which means they failed to meet those responsibilities. Perhaps they left a floor wet without marking it with proper signage or knew of a broken weight machine but did not remove it or post signs to warn anyone of the danger.

After the breach, there is causation, which states that the breach of duty caused your gym accident, leaving you injured. The final metric is damages, which would be the medical bills, lost wages, and other financial losses you incurred as a result of this injury in your gym accident.

What to Know About Gym Liability Waivers

Another thing that may potentially come up when you have been injured in a gym is the liability waiver you signed when becoming a member. The terms and conditions of this contract outline your rights and responsibilities, but they can also prevent you from seeking compensation for your injuries.

The good news is that even though contracts are binding agreements, they can’t always prevent you from taking legal action. If you were hurt in a gym accident, you should take your contract to a personal injury attorney and have them review the terms listed to determine if you can seek compensation.

Under Florida law, you have the right to pursue compensation for any injuries that were caused due to negligence. If the gym owner’s actions or inactions were grossly negligent, the waiver you signed won’t be enough to keep them from being held liable. The waivers and contracts are also unable to protect gyms from scenarios where patrons are intentionally harmed or in cases of criminal activity. 

Steps to Take After a Gym Accident in Florida

When you are injured at the gym, you must immediately report what happened. Tell the gym staff or management and give them a clear explanation of what occurred. This will create a formal record with the gym, one you should get a copy of from their incident report.

Make sure that you also seek immediate medical treatment, even when you feel fine. Your adrenaline can easily hide the symptoms of any injuries, and having a full medical examination will determine their severity. 

If you drop a free weight on your foot, it’s not likely that you will be able to sue for damages. However, if you can prove that the gym’s negligence resulted in your injuries, then you may be able to recover the cost of your medical expenses, any lost wages from missing work, and compensation for your pain and suffering.

It is ideal that after you get medical care, you contact an attorney. They will be able to review your case and the contract you signed with the gym and help you review your potential legal options.

Filing a Personal Injury Claim for Your Gym Accident

When you file a claim for your gym injury, the gym and its insurer may make you a settlement offer. You might think that’s great news, and that it will save you the hassle of trying to recover the financial losses you’ve experienced from this injury.

However, the gym owner will have their insurance company and litigators to guide them through this situation. While the offer may seem like a relief, you should make sure you fully review the extent of your expenses from the accident. A personal injury lawyer can help you calculate your economic and non-economic damages to see if the settlement amount is fair.

In most cases, the offer will fall short of fully covering your losses. With an attorney advocating for you, you will have someone to negotiate a fair settlement. They will gather evidence to support your claim, demonstrate the severity of your injuries, and remind the gym owner of how much it would cost to drag this out in the courtroom in front of a judge or jury.

This may result in getting the compensation you deserve, but if it doesn’t and you have a valid case of negligence on behalf of the gym owner, your attorney will file a lawsuit. It will likely settle before you go to trial; however, having legal representation can help you have a better chance of recovering what you deserve for your gym accident.