With obesity being such a huge issue in America today, it is no wonder that you may be heading to your local gym to lose weight and stay fit. While there are numerous benefits to staying on track with your physical health, there are also a few risks, especially at the local gym. At the gym, there are probably tons of people there at any given time. With that being said, it's really surprising that more accidents don't occur. However, if you were to get into an accident while at the gym, would you have the legal right to sue the gym owner? Would it even be worth it to go through the hassle of filing a legal claim?
Did You Initially Sign a Liability Waiver?
As a general rule, when you first sign up at a health club or a fitness gym, they will require that you sign a liability waiver of some form. This is their way of potentially avoiding accountability in the event that there is an accident inside the gym and you get injured in some way. In not so many words, the waiver is going to "say" that you do not have the right to sue the gym. However, this does not necessarily mean that you can't move forward with a lawsuit.
Waivers and Unconscionability
In some instances, you may be able to get the court to throw the waiver out and find it unenforceable. This usually occurs when it can be proven that the terms of the contract was unconscionable, which means that the terms are unfair to one of the parties involved. The court will typically read over the contract. The court will look to see if the wording of the contract was particularly difficult for one party to understand or if there was an unequal bargaining power by one party. The court may look to see if the wording of the contract was simply unjust. If the court finds that any of this applies, unconscionability has occurred and the court will find that the waiver is unenforceable.
Speak to a Personal Injury Lawyer If You've Been Hurt
If you have been injured at a gym, it is crucial that you speak to an experienced personal injury attorney immediately. Gym owners have a duty to maintain a safe premise for their patrons, and this includes you. You can speak to a lawyer about the exact circumstances surrounding your accident, and he or she will be able to guide you in the right direction. If your case has merit, you may be able to move forward with a legal claim and realize a significant financial reward from the gym. This can be beneficial for you, especially if you have medical bills and/or are losing time at work due to the injury that you sustained.
If you feel you have a legitimate case from being injured at the gym, talk with a personal injury attorney, such as those at Randall A. Wolff & Associates, Ltd, to see what steps you can take in a lawsuit.