When you stop to think about it, the gym can be dangerous. People use heavy metal equipment day in and day out. Likewise, some of these machines hold hundreds of pounds in the air. These machines and tools require regular maintenance so that there are as few workout injuries as possible. What happens if workout machines and tools need to be properly maintained? What happens when a machine malfunctions and hurts someone? Does the assumption of risk apply at the gym?
If you are asking yourself these questions, keep learning to read more about the assumption of risk and liability at the gym.
Workout Video Nightmare
These questions are exactly what the comments are asking concerning this viral gym video. The clip comes from a man who attempted to film himself doing a workout. It starts with him getting up from the ground after putting a heavy bar with weights back on a rack.
As he stands up, the rack starts to tip from the immense weight of the bar. He tries to save it, getting down on the ground to tilt the rack back up. Despite his efforts, the weight is too much and the rack fully rolls over him.
Luckily, the man was not injured by the falling rack. What is certain is that he will likely think twice before trusting a rack with so much weight!
Can He Sue The Gym?
In a video analysis by attorney Ugo Lord, we get a deeper look into the assumption of risk applying at the gym. Lord first asserts that the gym must ensure its equipment is properly fastened and usable. In a gym, it is foreseeable for a weightlifter to use a rack to store extremely heavy weights.
The gym should have made sure that its equipment is suited for heavy weights and aggressive use. In this situation, for instance, bolting down the rack to help it stay standing under leaning weight would have been the safest choice for the gym.
Even so, the video shows that no damages occurred in the incident. The man and his belongings were unscathed, meaning there is technically nothing to sue over. Thus, while the gym is seemingly negligent in its equipment safety, it would be extremely difficult to have a successful litigation using the events in the video as a means for suing.
Does Assumption of Risk Apply to the Gym?
Millions of people get injuries at the gym every year. From small workout-related injuries to large user-error accidents, there is no end to the way people can get hurt while working out. With the nature of so accident-prone, does assumption of risk apply to the gym?
In short, yes, assumption of risk is a common argument used by gyms who are sued for injuries. Gyms can argue that the vast majority of injuries are implicit. For instance, workout related injuries and exhaustion from heavy equipment are things that can reasonably occur during exercise.
Where assumption of risk doesn’t apply is when negligence is the main reason for an injury. When someone gets hurt at a gym because equipment is faulty or not taken care of, that is clearly something they had no reason to expect. Those responsibilities fall solely upon the gym. Under unusual circumstances, responsibility would fall on the gym.
For example, if the man in the video was unfortunately hurt, the gym would likely be liable. This is because the equipment was not suited for heavy weight, which is a reasonable thing for it to handle in a gym setting.
Summary
By nature, gyms are incredibly hectic and dangerous places. On top of the typical injures and strains you may experience with exercise, they are packed with heavy weights and complex machinery. Unfortunately, these tools can sometimes be dangerous, especially if not maintained.
In the viral clip, we saw the result of poor gym equipment management. Luckily, the man in the video was perfectly fine, although it raises the question: does assumption of risk apply to the gym?
In the fast majority of cases, assumption of the risk is a common idea in relation to gyms. People understand that gyms can cause injury, so many gyms are protected from civil lawsuits. In fact, some gyms even make guests sign waivers to increase their liability protection. With that said, true negligence and improper management do not fall under assumption of risk. In those situations, the gym would be fully responsible for any damages caused,
[…] risk in some fashion, they usually cannot sue for damages caused by said risk. For instance, people using heavy equipment at the gym or watching baseball games assume whatever risks naturally occur at those […]