People work out at the gym to develop their body and enhance their strength. Through the years, the number of gym-goers has increased due to the media’s portrayal of fitness beauty which is a muscular and toned image.
Meanwhile, personal injury is inevitable inside the gym since you are lifting heavy metal plates for hours. According to American laws, personal injury refers to the damage to the body, mind, and emotions. It is usually filed by the plaintiff in the court due to a defendant’s gross misconduct and negligence. Contrary to popular belief, personal injuries don’t only happen in car accidents, but also inside gyms with victims in the personas of gym goers and health buffs.
Plaintiffs of personal injury must forward their case to the court immediately upon trauma or discovery of the incident. Failure to do so can bar the plaintiff from filing a lawsuit.
Here are some examples of personal injury that can happen inside the gym:
- Back Strain
- Bone fractures
- Damage to the pectoral muscles
- Joint dislocations
- Labral tear
In this article, we will discuss the key things to remember when you experience an injury when working out. There is no right order to take and the tips included are valid for almost all personal injuries in the gym.
1. Facilitate The Investigation
Right after going to the hospital to attend to your injuries, you can facilitate the investigation of who’s at fault in the incident.
Indeed, gym owners must protect their clients from accidents that could happen on their property. As such, they are expected to maintain the equipment and other facilities offered by the gym.
However, gym owners’ liability is not unlimited. Sometimes, clients can acquire injuries while working out, and it could be due to the risk of exercising or a because of an inadequate gym facility.
Here are some examples:
- For instance, if a gym goer has a history of heart problems yet he still pushes to workout, but he acquires injury, then the gym owner is free of liability.
- But if a client breaks his leg because of the negligence of the gym instructor, then the gym owner must compensate damages acquired by the client.
Indeed, it is a must to recall exactly how the incident happened, when, and get the names of witnesses.
Must Read: How to Avoid Injury When Working Out
2. Collect Evidence
Collect all necessary evidence that will help you file a claim against the gym owners, instructors, or the manufacturers of the equipment.
Here are examples of evidence to be collected:
- Agreements signed between clients and gym owners
- Pictures and videos of the incident
- Medical records duly recorded by the doctor or hospital
Meanwhile, gym owners will probably challenge you with the waiver that you have signed upon signing up for the use of the facilities. But remember, these document can be contested in the court, especially if the material uses vague language, it is insufficient, and it is unfair. Thus, it is advisable to hire a competent lawyer to aid you with this.
Before going in the court, you can also mediate the issue together with the gym owner. Some of the owners are willing to negotiate and compensate the damages done to the client.
Mediation proceedings can prevent both parties to experience the hassle of going to court for a full trial. It can even save time, money, and effort.
4. Make An Insurance Claim
Make a claim for your gym insurance right after the injury. Gym insurance policies nowadays cover general liability whenever the fault is due to the gym owners or instructors.
After claiming the insurance to cover expenses, subrogation of rights will take place, and the insurance company can claim the costs for your hospitalization to the third party.
5. File A Case In Court
If mediation is impossible, then it is time to file a lawsuit in court. It is your constitutional right to seek justice against wrongdoers, thus you can freely file a case in the court. Here are some of the tips on how to do it:
- Write a complaint stating your cause of action
- Attach all evidence gathered
- Hire a good lawyer who specializes in personal injury cases.
A lawsuit will usually take several months. Thus, you need to be in constant communication with your lawyer to update the situation.
In summary, personal injury in the gym can affect your work and daily life. There are various ways for you to seek justice; you can either mediate with the gym owners or instructors or go to court to file a case.
With this, it is crucial to establish the case first right after attending to your injuries. Gather enough evidence such as the medical records and pictures. Write a petition and hire a competent lawyer to aid you to file the case to the court. A good lawyer can help you claim for damages you have endured due to the injury.
About Lea Taylor: Lea Taylor is a law writer who spends much of her time writing pieces on law topics for the common reader. Lea is the resident comedian of the office, often cracking jokes to lighten the mood. She always has a delightful story to make everyone smile.