Gym Accident Claim *
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 *. 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 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.
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.
- Strains or sprains of muscles
- Lower back injury
- Arm or hand injury
- Achilles injury
- ACL injury
- Ligament injury
Responsibilities of a gym
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:
- Regularly check all the equipment
- Continual monitoring of potential slip of fall hazards
- Constant staff training
- Providing all members which training on how to use equipment
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.
Lack of supervision
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 these is no racking facility to keep then free weights tidy and clear of walkways and workout areas. Other reasons for a trips and fall in the gym is not maintained to an adequate level and may be deemed a hazardous environment for its guests.
What do you do after a gym accident?
1. Seek medical attention
The main priority after an accident in the gym is your own health and safety. The emergency services should be called immediately if the injury is a serious one. There should also always be a first aid trained staff member present in the gym at all times. Any medication administered should be done so with your consent. The medical report will be obtained at a later stage.
2. Report the incident
Once you are in a stable condition, the incident should be reported to the management of the gym. It may be the case that the manager wishes to carry out an internal investigation. Management will also inform you of any insurance policy that you may have been covered by.
3. Speak with a solicitor
If your quality of life has been affected or you have incurred a considerable amount of medical bills and you are considering bringing legal proceedings forward it is advisable to get in contact with a solicitor. Your solicitor will assist you in collecting important documents that determine where liability lies. Examples of these documents include
- Medical records
- CCTV footage
- Witness reports
- Photographic evidence
The legal timeframes regarding the amount of time you have to make a claim can alternate depending on the scenario. The general guideline for all personal injury cases * is usually that the injured party has a time period of two years less one day from the date of accident or date of knowledge of the injury to make a claim *. The date of knowledge may differ from the accident date as some injuries may not show signs until sometime after the accident, in these cases the 2 year time limit starts once your injury has been noticed or diagnosed.
Contacting a solicitor to discuss your case will help you in determining how long you have left to make a claim. In the situation where a person under the age of 18 is injured the two year period will commence on their 18th birthday. However, a parent or guardian may move forward with a claim on their behalf before the child reaches 18 if they wish.
TELL US ABOUT YOUR CASE
If you have suffered a gym related injury *, our team of personal injury solicitors * in Dublin are available to answer any queries you may have. For a confidential discussion, please call Tracey Solicitors on 01 649 9900 or email firstname.lastname@example.org to tell us about your case.
With over 30 years’ experience, Tracey Solicitors, ensure not to overwhelm you with legal jargon and can provide you with legal advice and guidance with your best interest at heart, in a language that you can understand. We look forward to hearing from you.