The video shows a man working out on a piece of gym equipment. He lifts himself on the bar to begin his set, but it dislocates from its setting, causing him to fall to the floor. This raises an interesting question: Can you sue a facility for faulty gym equipment?
Can You Sue a Gym for Faulty Equipment?
Yes, you can sue a gym for faulty gym equipment. However, it will be difficult to sue if you do not sustain an injury.
The man in this video seems uninjured, so if he files a claim, he will have a long, complex, and expensive road ahead of him. A lawsuit will probably not be worth it.
However, not every injury is apparent right away. If he begins feeling pain later in the day or when he wakes up tomorrow and sees a doctor who connects his injuries to the incident, he can build a stronger case against the facility.
During the lawsuit, he must prove that the gym is liable for his injuries. Liability is contingent on several factors as follows:
- The gym was aware that the equipment was broken but neglected to repair it.
- The gym staff did not regularly inspect their equipment for defects.
- Patrons alerted the gym staff of faulty gym equipment, but they did nothing to fix it and allowed others to use it.
Can I Sue a Gym if I Signed a Waiver?
Many gyms require members to sign a waiver stating that the member takes responsibility for injuries they sustained in the gym. So, can a waiver interfere with your ability to get reimbursed for an injury? Unfortunately, it can.
Here are a few questions to help you determine if a gym waiver bars a lawsuit.
- Does the waiver cover your injury?
- Did the gym’s negligence fall under the scope of the waiver?
- Did you sign the waiver before the injury occurred?
- Does the gym waiver conflict with common law obligations?
- Was the gym grossly negligent?
- If the injured party was a minor, was the waiver signed by a parent or guardian?
- Did the waiver use ambiguous language?
- Are there any circumstances in which the waiver would not be legally binding?
How Can I Sue a Gym?
If faulty gym equipment caused your injury, you can sue the gym by filing a complaint in a court with jurisdiction over the case. For instance, if the injury occurred in a Florida gym, you must file a claim at a Florida courthouse.
You must also consider the statute of limitations, which limits the time you have to file a claim. Most states have a two-year statute of limitations for personal injury claims. If you don’t file within two years, you may lose your ability to sue.
Is it Worth it for Me to Sue a Gym for Faulty Gym Equipment?
Talk to a reputable lawyer about your case. They will tell you if the lawsuit is worth pursuing. If you win your claim, you may recoup damages for medical care, lost wages, emotional distress, and disfigurement.
The amount of the damages will vary depending on the severity of your injuries. The more severe your injuries are, the more money you will collect.
Do I Need to Hire an Attorney to Sue a Gym?
No law states you must hire an attorney in a faulty gym equipment lawsuit. However, an attorney will help you gather evidence to support a stronger claim. Additionally, the gym will likely have a reputable lawyer who will be tough to beat without experienced legal support.