Gym injury compensation claims
This article sets out what you should know about making a successful gym accident compensation claim.
If equipment was faulty, a staff member offered the wrong advice, or the gym failed to have adequate guidelines or health and safety procedures in place, a gym could be held liable for any resulting injury.
Under these circumstances, a gym injury compensation claim can usually be made.
If you have suffered a gym injury in the last three years and someone else was to blame, then we can help you make a compensation claim.
Gyms contain a wide range of equipment, including treadmills, rowers, cross trainers, bikes and weights. Many items of gym equipment can be both complex to use and heavy. These factors can make gym injuries more serious than other sports-related injuries.
The most common types of accidents in gyms are caused by:
- Faulty machines which are not functioning properly or which break mid-use
- Incorrect use of complicated or heavy equipment, such as weights
- Inaccurate advice given by gym staff
- Other hazards such as loose mats or water on the floor
Quittance's panel of solicitors have assisted with claims arising from these hazards for common gym injuries such as sprains, torn cartilage and broken bones.
I have a strong claim - why won't a solicitor take it on?
There are no specific health and safety that apply specifically to gyms.
Gym operators must, however, comply with more general legislation, including the Health and Safety at Work (HSAW) Act 1974.
Compliance involves undertaking an assessment of the health and safety risks to users and implementing measures to control them. This could include:
- Regular checking of all equipment and adherence to safety standards
- Continual monitoring of potential slip or fall hazards e.g. such as liquids, mats and free weights
- Routine and frequent training of all staff members
- All gym members being shown how to use equipment by qualified staff and explanatory signs put up
- Guidelines for gym users which cover dress, wiping down, putting equipment away and reporting defects
An injured gym goer's solicitor must prove that the gym was negligent to make a successful claim. In order to prove this breach, or negligence, it must be shown that the gym operator failed to reasonably carry out their duty of care towards the injured person, the claimant.
Proving there was a breach, and that this breach was the cause of the claimant's injuries, involves providing evidence such as:
- Medical records of the injuries sustained
- Witness accounts of the incident
- Photographs of faulty equipment or the offending hazard In addition
Claimants should avoid admitting liability at the scene.
What about disclaimers?
Under the Unfair Contract Terms Act 1977, Gym operators who ask members to sign contractual waivers or post disclaimer notices cannot be excluded from negligence relating to personal injury.
How about home gym equipment?
Compensation is also possible for injuries sustained using home gym equipment. In this instance liability could be attributed to the manufacturer if, for example, the product was faulty or did not pass the strict safety measures in place to protect consumers.
If you have been injured in a gym accident you should always seek medical advice whether from your GP, walk in centre or accident and emergency department. Seeking early advice can help both diagnose injuries and guide you towards appropriate physiotherapy.
To give you claim the best chance of success, you should also try to do as many of the following as possible:
- obtain names and addresses of any witnesses to the accident
- take photos of the cause of the accident, and of your injuries
- request, in writing, any CCTV footage of the accident - a solicitor can assist with this
It is worth following the above steps even if you have not yet decided to make a claim.
A no win no fee contract (technically known as a CFA or Conditional Fee Agreement) is entered into between a claimant and a PI lawyer.
The no win no fee agreement is the conditions under which the solicitor is instructed by their client.
It details what the lawyer will do and how the solicitor will be rewarded if the case is won.
If you choose Quittance for your gym injury claim there are no hidden fees , nothing to pay up-front and the comfort that you wont be out of pocket.
The amount of compensation you will receive depends on a number of factors. Our personal injury compensation calculator provides an accurate estimate of your likely compensation.
The national network of Quittance solicitors handle all types of personal injury claims, from short-term injury cases to long-term injuries. Our lawyers are selected on the basis of their track record in winning cases and their knowledge and expertise.