IS THE GYM LIABLE IF YOU GET HURT?
Sep 24, 2015 - Premises Liability
With any type of athletic activity in Pennsylvania, there is the chance that you could be hurt, and this also goes for a trip to the gym. So, if you’re injured, can you sue the gym to cover your medical costs and other such things?
The answer can be a bit complex. The first thing to consider is whether or not you signed a waiver. If you did, you may have given up some of your rights when you joined the gym.
For example, these waivers often protect the gym if you get hurt doing a high-risk activity, like power lifting. Even if you do it correctly, the odds of getting hurt are just higher than they are with more low-key exercises.
The waiver also could state that you can’t sue if you do something dangerous. If you don’t use the equipment the right way, for instance, and your deliberate action causes the injury, then you may not be able to sue.
However, you do still have the same rights to safety and health that you have in other businesses, and the gym’s owner does have an obligation to provide these things. Negligence is often one of the biggest factors here, as it is in many liability cases, because negligence on the owner’s part could cause you to be hurt.
For instance, if the treadmill is in poor repair and the owner has neglected to fix it, the track could snap while you’re running, causing you to fall and break your ankle. If it’s shown that you used the treadmill the right way and that the owner’s failure to have safe equipment was the problem, you could start a lawsuit. Make sure you know all of your rights in this situation.
Source: FIndLaw, “If You’re Injured at the Gym, Can You Sue?,” Jenny Tsay, accessed Sep. 24, 2015