If you were injured at the gym, you may be able to sue, depending on the details in your case. Nearly all gyms have their members sign liability waivers. By signing these written agreements, you are entering a contract that prevents you from suing the gym. Working out is dangerous, so gyms rely on these contracts to protect them from being inundated with lawsuits and insurance claims.
However, property owners in Atlanta owe their clients a duty of care. They are liable for damages if they fail to keep their premises reasonably safe. If your injury was caused by a gym owner’s negligence, you may have a case. Similarly, a poorly worded liability waiver could expose a gym to legal action.
Gym Owner Negligence
Gym lawsuits fall within a subcategory of personal injury law called premises liability. This type of legal action hinges on negligence. To win a personal injury case, you must prove that another party caused your injuries by failing to keep you reasonably safe.
Gym owner negligence can include:
- Failing to repair faulty gym equipment
- Employing staff that behave in an unsafe manner
- Leaving spills that could cause a slip and fall accident
Generally, you may not be able to sue if:
- You were using gym equipment incorrectly.
- You were working out and hadn’t yet healed from a previous injury.
- You had an underlying medical condition that caused your injury.
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If I Have a Gym Injury Case, How Much Will My Compensation Be?
Gym injury cases differ greatly from one another. Some involve serious injuries, whereas others are less severe. Typically, the type and cost of the injuries you’ve suffered will inform the value of your case. This variability means that there’s no average gym accident case valuation. If you’re wondering about your potential compensation, a lawyer could provide you with an estimate.
The types of losses in a gym accident case are broken into specific categories, called damages. They include:
- Medical expenses
- Pain and suffering
- Loss of consortium if you are filing on behalf of a lost loved one
- Lost wages and reduced earning capacity
- Property damages
- And more
How Do You Pursue Compensation After a Gym Accident?
Gyms often carry third-party liability insurance. This type of insurance protects the gym against lawsuits by providing settlements to claimants who were injured on their premises. If you pursue a gym for compensation, it’s likely that your settlement will come from an insurance policy.
Insurance settlement offers aren’t always sufficient, though. In this case, you could file a lawsuit against the gym. Lawsuits don’t always end in trial. They can be settled through the mediation process. During mediation, a third-party official will oversee negotiations between the claimant (you) and the liable party (the gym). If this process doesn’t produce an agreement, your case may proceed to trial.
Can I File an Insurance Claim if I Was Injured at the Gym?
During an insurance claim, the liable party’s insurer may not have your best interests in mind. Oftentimes, insurers try to offer the lowest possible settlement. If they get you to agree to this settlement, you won’t be able to pursue further compensation. Insurance settlements are legally binding agreements. To reduce the value of your claim, they may:
- Suggest that you were responsible for your accident
- Ask you to provide a recorded statement and use it to undermine your case
- Watch your social media for admissions of fault
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A Lawyer Can Help if You Were Injured at the Gym and Want to Sue
Lawsuits are inherently complex. The gym you are pursuing will likely have a team of defense attorneys, as well. A lawyer from our firm can handle the legal process while you rest and recover from your injuries.
They can gather evidence, submit paperwork, and determine what fair compensation looks like in your case. They can also represent you in a trial if needed.
You Have a Limited Amount of Time To Take Legal Action
Lawsuits are also subject to Georgia’s personal injury statute of limitations. This deadline means that you generally must file a lawsuit within two years of your injury, per O.C.G.A. § 9-3-33. Missing this deadline could also result in the dismissal of your case.
Work With a Personal Injury Lawyer Today
Our team is familiar with personal injury law. If you hire us, we’ll do everything in our power to fight for your compensation.
We can advise you on your case, too. We’ll provide prompt answers to your questions and let you know if you have grounds for a lawsuit. Our team at Bader Scott Injury Lawyers can assist you as you navigate the aftermath of a gym accident. We want to hear from you. Call our firm for a free case evaluation.