Gym accident claims can arise for a number of different reasons. Poorly maintained gym equipment or exercise machines, lack of supervision or improper training by personal trainers may contribute to a gym related injury.
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There is a certain expectation on a gym, as a public place, to provide a hazard-free and safe environment for their members, that their machines are fit for use and also an expectation that fitness instructors are trained to an appropriate level to instruct their clients on how best to use the machines.
According to the most recent statistics by Deloitte and Europe Active, currently in Ireland 0.44 million people are members at 710 health and fitness clubs across the country. There are also 9,500 full-time gym employees who have a responsibility to provide a safe environment for gym users and ensure that they know how to use equipment prior to use.
Gym injuries are classed as sport related injuries. If an injury was sustained due to faulty equipment, a gym instructor providing incorrect advice or failing to implement appropriate health and safety procedures you may be eligible for a legal remedy.
There is no specific health and safety legislation directed at gyms. However, for the benefit of both parties, there are a few responsibilities that the gym should comply with. Some of these responsibilities include:
Some of the gym injuries that are most commonly suffered are listed below. If you have sustained one of these injuries or a related injury to no fault of your own then it is recommended to get in touch with a legal professional.
The gym has a duty of care to provide a safe environment for all members. If they are negligent in their duties by not maintaining the expected level of equipment they may be held liable for any injuries suffered.
All gym instructors are legally obliged to have a certified training course completed. Any improper advice can lead to injury to a member.
It is the duty of the gym to have an appropriate amount of staff in the gym to facilitate the needs of the members. An increase in staff should be accounted for during typical rush hour times.
A slip and fall accident may happen in cases where a spillage occurs on the gym floor and the spillage is either not cleaned up in an appropriate time or not cleaned up at all. Trip and falls can happen in cases where free weights are not re-racked after use or there is no racking facility to keep the free weights tidy and clear of walkways and workout areas. Other reasons for trips and falls is the gym is not maintained to an adequate level and may be deemed a hazardous environment for its guests.
Following an accident in a gym, there are a number of steps you should follow:
Your health is your wealth and should be your first priority. Immediately after an accident, take a second to assess yourself to determine if you have any injuries. Then check if anybody else involved in the accident needs medical attention. If anybody has sustained a serious injury, ensure that you contact an ambulance to attend the scene.
You must remember that minor injuries where you ‘feel fine’ could progress to a more serious injury in the future. In this case, it is always better to be safe than sorry and advisable that you go to your nearest accident and emergency (A&E) or local GP to be checked out.
It is important that you report the accident to management. You may be required to assist to fill in an accident form. This is to provide them details of how the accident occurred and details of the injury. You should also request that they preserve any CCTV footage.
Collect contact details of any witnesses to the accident – their names and contact information.
It is important that you collect all the relevant information in connection with your accident:
If you are considering moving forward with a claim for any personal injuries sustained, it is advisable that you speak with a public place accident claims solicitor as soon as possible. If you are proceeding with a claim, the first step will be submitting your claim to the Injuries Board for assessment. A solicitor can help you prepare your application to the Injuries Board and ensure that you follow the process in the correct format, meaning that you can move forward with your claim quickly without unnecessary delays.
It is important to remember to keep copies of any expenses that you have incurred as a result of the accident. It is also imperative to retain copies of medical reports or incident report forms where possible as you will need them when making a claim.
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Once you have gathered most of the relevant information in relation to your injury it is then time to move forward with your claim. It is important to use a specialist public place accident solicitor to help you with this.
When you decide you want to move forward with your claim it is important to have as much as possible of the relevant information to hand when contacting a solicitor. Some of the important information to have on hand at this point is:
As a solicitor is aware of the claims process they can avoid any legal bumps in the road you might encounter if you looked after this matter yourself. It is their job to be your trusted advisor on all legal matters throughout your case.
One of the most important documents in your case is a medical report. Your solicitor will ask for your doctor’s or hospital details so he can obtain a report on your injuries. This report will then be used to allow us to progress your case.
As soon as your solicitor has gathered all the information, your accident claim will be submitted to the Personal Injuries Assessment Board for assessment. Your solicitor will do this for you. Once the Injuries Board assess your claim your solicitor will revert with a suggested settlement amount. At this stage, you have a choice to accept the Injuries Board assessment or reject it and move to the next steps.
At this point one of two scenarios will unfold:
a. If both you and the other party accept the Injuries Board assessment, your case is settled and the person at fault will be ordered to pay settlement to you.
b. If either you or the other party reject the Injuries Board assessment, then you move to the next stage and your solicitor will issue legal proceedings.
Before you start to concern yourself with court and everything that comes with it, it’s important to understand that only a very small percentage of cases actually make it to a courtroom.
Settlement meetings will be arranged where a settlement can be negotiated. Most cases are settled at this point prior to a court hearing date without you ever having to step foot into a courtroom and remember it’s your solicitor’s job to be with you every step of the way, right beside you to ensure that your best interests are met at all stages. Your solicitor is to be your trusted advisor throughout the process and this allows you to focus on your recovery, as they focus on settling your case.
At Tracey Solicitors LLP, we make law accessible to all – regardless of your knowledge or experience with the claims process. For more information and a confidential discussion on your accident, phone 01 649 9900 or email ask@traceysolicitors.ie to tell us about your case, where you can speak with a member of our team straight away.
We aim to provide clear and independent legal advice and achieve the best possible outcomes for our clients.
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If you are to proceed with a gym accident claim you may be entitled to recoup costs to you as a result of the accident. This is along with added expenses you may have incurred, these claims are called damages:
General damages are non-financial damages such as pain and suffering and/or physical and emotional injuries following an accident.
Special damages are out of pocket expenses incurred as a result of an accident in a gym, for example, loss of earnings (if you are out of work), medical bills, and added travel costs as a result of the accident (for example, travel to and from the hospital). Learn more about Special Damages.
The statute of limitations are the legal time limits on how long you have to make a claim — these vary depending on the situation. The general rule for most personal injury cases is that the person has two years from the date of the accident or date of knowledge of the accident to make a claim for compensation. Contacting a solicitor to discuss your case will help you in determining how long you have left to make a claim.
Learn more about Time LimitsWe draw on more than 35 years of experience in personal injury law to provide you with expert advice and legal services.
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