Hurt While Using Gym Equipment? Here’s What You Need to Know
Who is legally responsible if you suffered a serious injury while using gym equipment?, The answer: it depends. Where the injury occurred, how it occurred, and why it occurred will be important factors to consider.
If you suffered the injury at your local gym, the gym most likely has a waiver in place limiting them from being responsible for any injuries suffered by those who attend their gym. However, the existence of the waiver is not determinative. The gym would need to establish that you were aware of the waiver, or the gym took reasonable steps to bring your attention to the waiver, and that what happened was contemplated by the waiver.
You may also be able to sue the product manufacturer and/or distributor if the injury occurred due to product malfunction, negligent/dangerous design, or failure to properly warn of a danger when using the product. This could apply to an injury suffered at a gym, hotel, or your own home.
For example, if you injured yourself because you simply fell off the treadmill while running, it is unlikely there is anyone to sue. However, if you injured yourself as a result of misusing a piece of equipment, there could be someone to sue if there was a failure to provide instructions on how to use the equipment or if it was designed poorly. If you injured yourself because a piece of the equipment broke off or became dislodged, there is likely someone to sue regarding failure to properly inspect and maintain the equipment (if it occurred outside of your home) or negligent design.
Ultimately, whether or not you can sue will depend on the specific circumstances of what happened. If you’ve been injured while using gym equipment, it is important to understand your options. Contact an experienced personal injury lawyer today for a free consultation.
About the Authors
A born-and-raised Barrie resident, Karen knows and loves her community. She is proud to be a partner in one of Canada’s most successful personal injury law firms—right in her own backyard. Karen joined Oatley Vigmond in 2013 as an associate lawyer. She holds a BA from Queen’s University and her Juris Doctor from Bond University in Australia. Prior to being called to the Bar in January 2013, Karen articled at a well-known personal injury law firm in Toronto.