By Danielle Griffin. Last Updated 28th March 2023 Gym Injuries. Welcome to our guide on gym accident claims, where we’ll look at the process of claiming compensation for gym injuries. Most of us aspire to stay fit and healthy, and we are more likely to do so with regular exercise.
There have been a wealth of new gyms springing up across the UK in recent years, and whether gym users follow a cardio programme, take gym classes or prefer lifting weights, going to the gym can be something to really enjoy.
But what happens if there are accidents in the gym because health and safety protocol has not been adhered to? Could injured parties begin gym negligence cases for compensation? If gym accidents happen, whether weight room accidents or accidents involving a treadmill, they could put your fitness at risk. If someone else is responsible, this could lead to a personal injury claim.
Gym Injuries– Could You Claim?
For a small proportion of the population, their enjoyment of the gym has been curtailed due to injury. Worse still, some have been caused by an accident that need not have occurred.
Whether they have suffered muscle damage from a poorly designed personal training plan or suffered injury from poorly maintained gym equipment, gym accidents claims can help get those people back on their feet after an accident at the gym, allowing them to move forward with their life, whether they choose to return to the gym or not.
Gym Accidents And Injuries Advice
Here, our guide aims to explain the process that compensation claims for accidents in a gym take, alongside approximate calculations for payout amounts in a gym injury compensation calculator table and how to get help if you need it.
If you have any more questions after reading this guide, or if you would like to start a No Win No Fee claim, you can call us on 0800 073 8801.
Who Is Responsible For Your Safety In Gym Injuries?
Gyms, just like other commercial businesses, have a duty to care for those persons on their premises, whether these are customers or staff. Whether you have been injured from faulty equipment or suffered a slip or trip whilst carrying out work at the gym,
If the business has been negligent in making all reasonable arrangements to keep you safe, then they may be liable and may have to pay compensation to you for your injuries. This applies whether the gym is a small or large operation.
Many personal trainers at reputable gyms abide by the Exercise and Fitness Code of Ethics. The Register of Exercise Professionals has produced a code of ethics document that aims to ensure that all fitness professionals keep their clients as safe as is reasonably practical. This involves informing clients of how to use any equipment safely, amongst other factors Gym Injuries.
If a personal trainer has not correctly informed you of how to safely use the gym equipment, and it was their responsibility to do so, then you may have a case for filing an accident at gym lawsuit if you have suffered a gym accident because of this.
Our next section will take a closer look at determining who was liable for an accident that took place, which is a crucial step in all gym accident claims. Read on for more information, or call us today to start your claim for gym accident compensation.
Who Is Liable For Injuries Sustained In A Gym Injuries?
When it comes to defining liability, it is important that you take advice on gym negligence cases from professionals. Many people sign waivers when visiting the gym, and some of these waivers attempt to avoid liability. However, if your gym has acted negligently insofar as to be contrary to health and safety law, you may still have a case for compensation.
It is for this reason that we would urge anyone who has been subject to a gym accident to get in touch with our expert advisors, who will be able to more clearly explain whether you have a potential claim to launch. With many years’ worth of experience in personal injury, including gym accident compensation claims, our team will be able to, after asking you a few questions, clarify if you are in a position to begin a claim.
In order to make a claim for your gym injuries, you must be able to prove that the liable party owed you a duty of care. Your gym injury must have occurred due to a breach in this duty.
The duty of care is set under the Occupiers’ Liability Act 1957. It means that the occupier of the space must ensure your reasonable safety. We’ll look at different situations that can lead to injuries later on.
Evidence that could support a gym accident claim includes:
- Photographs of the accident. For example, if the equipment was faulty, you may have photographed this. These photos can be submitted as evidence as can pictures taken in the immediate aftermath.
- Witness contact details. If anyone saw what happened to you, they could give a statement later in the claiming process.
- Medical records. In addition to details of any treatment you received after your injuries, you might be asked to attend an independent medical exam. This is to help establish the severity of your injuries and what impact they are likely to have on your life.
- Injury photographs. If your injury was visible, such as bruising or lacerations, you could submit photographs.
- Accident footage. For example, you can request CCTV footage of yourself.
Call our advisors for further information about what evidence you could submit to support your personal injury claim.
As previously mentioned, many gyms ask new members to sign waivers or disclaimers relating to the possible occurrence of any injuries. This can mean that people are immediately under the assumption that there is nothing that they can do should they suffer any injury on the premises, even if the gym were negligent in their duty of care to the gym-goer. However, this is not necessarily the case.
Under the terms of the Unfair Contract Terms Act, gyms cannot restrict or exclude their liability for death or injury that has occurred due to their negligent behaviour. The best thing for you to do if you have been injured in the gym and signed a waiver is for you to consult with us as to whether it seems the gym is negligent.
To find out more about the kinds of accidents that might leave you eligible for gym accident compensation, read on.
When you have a member of staff show you around the gym, they should make sure to educate you on how to use the equipment safely, so you do not injure yourself. Similarly, if you have a personal training session, the trainer should have access to all the relevant information to help devise a safe workout programme for you. If they have advised you to perform exercises that are too tough or do not take into account any mitigating factors regarding your general health and you have suffered as a result, then you may be entitled to make a claim.
Get in touch with our team for more information on claiming for gym injuries.
Gym owners have a responsibility to ensure that any equipment they own and allow you to use is in good working order. There are many different types of equipment in the gym, including free weights, weight machines and cardio machines such as step machines and treadmills, rowing machines and cross-trainers.
These machines should be regularly checked for safety, and if any issues are reported, they should not be used until such times as they have been fixed. So when it comes to the question can you sue a gym for faulty equipment, the answer is, most probably.
It is also the gym owner’s responsibility to clearly mark any machines that are not working as ‘out of order’. If you were to ignore such a warning sign and use the machine/equipment anyway and injure yourself, it would almost certainly not lead to a successful claim. However, if the sign was not clearly visible, you may well have a case.
Read on to find out more about what can be included in gym accident claims, or call us today for free legal advice around claiming gym accident compensation.
As we had discussed in the previous section, compensation can be awarded to address both the physical and psychological effects of your injury, and any potential financial losses as well.
To show you examples of compensation payouts for gym injuries, we have created a table of injuries alongside ranges for amounts that have been awarded for them in general damages. This table was built using information from the Judicial College Guidelines (JCG), as this is the publication commonly used to assess injuries in claims. The information comes from the 2022 edition of the JCG.
However, it is important to note that the figures shown are based on past court payouts and, therefore should not be taken as guaranteed for your specific claim.