Claiming Compensation Against a Gym

The number of gyms, and those joining gyms, has exploded over the last decade.  We join gyms to get healthy and fit, to get a slimline body which we can parade on the beach of fit into a favourite black dress!

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However, gyms can also be dangerous places in that it is relatively easy to get injured in one.  Often this is the fault of the user, over-exerting himself or ignoring an instructor’s (or doctor’s advice) in not warming up, cooling down or using heavier weights than he ought to.

On the other hand, if you are injured in a gym and it is not your fault then you may have a claim for compensation.

For what injuries can I claim financial compensation against a gym?

Gyms have a duty of care towards its customers.  They have a duty to:

 

  • Ensure all equipment is safe to use.
  • All users have adequate training to use the gym.
  • Staff are properly trained to advise users.

They must also ensure the general areas are safe and free from hazards.  This includes making sure the floor is not wet or slippery and carpets are properly fitted so people don’t trip.  Furthermore, equipment must be kept safely so that users do not trip over anything.  If weights are not cleared away and you trip over them causing an injury, then you may have a claim for compensation.

The most common types of injury sustained in a gym are sprained or strained muscles.  Even these injuries can result in a trip to the hospital, inability to drive and having to take time off work.  This can create a large financial burden, which you should not have to bear.

More serious injuries sustained in gyms include back and spinal injuries, damage to hamstrings and shoulders.  These may be caused by over-exertion on a weights machine without proper training or supervision.

Can non-members claim compensation against a gym?

If you have a fall in the gym car park, or are visiting a friend and have an injury in the gym reception area, for example by slipping on a wet floor, you may still be able to claim compensation.  The gym is obliged by the Occupiers Liability Act 1957 to ensure its premises are safe for visitors.  If they don’t do this, they are negligent and therefore liable to pay compensation for any injuries incurred.

How can I claim financial compensation against a gym?

You will need to prove your injuries were a result of the gym owner’s negligence.  You should procure statements from any witnesses.  You will also need to quantify your damages which may mean instructing a medico-legal expert. In any event, the process is time consuming and can be highly stressful. Contact us at Manners Pimblett for a FREE consultation and our personal injury specialists will assess whether you have a claim for damages.  

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