Once the New Year starts, the number of people using gyms around the UK increases quite suddenly. More than 10 million of us have a membership at some point. But what happens if you are injured while at a gym?
Can you make a claim for personal injury compensation?
Gyms aren’t always the safest places in the world. While we don’t give this a second thought as we strap on our trainers, businesses such as these actually have some important health and safety regulations that they need to adhere to. For example, new people who have joined a gym should get an induction where the code of conduct and rules will be highlighted. This includes how to stay safe while using the gym.
Certain facilities may well have safety issues related to them, especially heavy lifting equipment. The gym is also expected to keep their equipment properly maintained and ensure that the location is fit for use and purpose. Much of the health and safety aspect of a business like this is covered under the Occupiers Liability Act 1957. This essentially says that the person occupying the premises has a responsibility to ensure it is safe and that those using the facilities are cared for properly.
Making a Claim Against a Gym
This can often be a difficult thing to decide. If the gym has done everything it can to induct you properly and maintain a safe space for you to use, then they may not be responsible for your accident. Someone who misuses a piece of equipment after they have been shown the ropes by staff, for example, may only have themselves to blame. Pushing yourself beyond reasonable limits and incurring an injury is similarly likely to be your own fault rather than the gym itself being culpable. Consulting the personal injury specialists at Accinet and discussing your accident or injury with them is the best way to find out if you can make a claim against the gym owner.
An accident may not be the fault of either the gym owners or the person using it either. There could be an issue with a piece of equipment that is the fault of the manufacturer or supplier. One important thing to note: if you have recently joined a gym, you might have been asked to sign a general waiver.
What this usually says is that you will not make a claim against the gym if you suffer an injury. This is unlikely to be a legally binding agreement and it puts many people off making a claim in the first place. If you have suffered from an injury and you believe it was the gym’s fault, then you still need to see a solicitor and get advice. The waiver is not enforceable in this instance.
Contacting a Personal Injury Solicitor
Contact Accinet for a free initial consultation when it comes to issues such as personal injury. This gives you the opportunity to find out where you stand legally and whether there is a basis for a claim. Personal injury solicitors also offer no win no fee services. This means that they will take on your case and not charge any fees until it is successful, and compensation awarded. They then take a percentage of the final settlement to pay for their services. This means you don’t have to find the upfront cost of your claim against a gym.
While assigning blame for personal injury in a gym situation can be a little more challenging, there are instances where staff or the facilities are to blame. It’s really important to get legal advice, especially if your injury has life-changing consequences.