Gym Accident Compensation Claims
Although gyms are an ideal opportunity to improve health and fitness, the potential risks in this setting can lead to severe accidents and injuries. If the injury was caused by the negligence of the gym owner or an employee of the gym, you could be entitled to make a claim for compensation.
The solicitors we work in partnership with have successfully completed accident claims for many victims of gym injuries, and are skilled in their ability to demonstrate gym owner liability and prove the impact that the negligence and injuries have had on your life.
Common gym accidents and injuries
Some of the most common causes of injuries in gyms include accidents on cardio machines such as treadmills, cross-trainers and rowing machines as well as complications with weight lifting.
Some injuries are caused because the gym does not provide users with adequate training on machinery, whereas others are because of defective equipment. The most common incidents that may result in a claim include:
- Faulty pieces of equipment which do not work as they are supposed to or break down mid-use
- Inadequate training or support given for heavy equipment and weights
- Slips, trips or falls on wet surfaces and obstructions
- Dangerous body movements or excessively repeated exercises while under the supervision of gym staff
- Poorly maintained equipment
It is the job of your solicitor to demonstrate that the injuries suffered in your gym accident were the responsibility of the defendant and they do this through compiling evidence and supporting documents to substantiate your claim.
What proof will be needed to make a successful claim?
In order to make a successful compensation claim following a gym accident, your solicitor will need to prove that the gym owner’s neglect caused your suffering. In order to prove liability, your solicitor will work to demonstrate that the gym owner breached their duty of care towards you by gathering supporting evidence.
The evidence that your injury lawyer will seek to obtain may include:
- Medical records which prove your injuries
- Copies of treatment and recovery plans and costs
- Witness statements of the accident
- Photographs of faulty equipment or hazardous environments
- Engineer reports confirming malfunctioning equipment
- Copies of the gym’s maintenance records.
Once they have gathered this evidence, the solicitor will build a case against the defendant and begin negotiating your settlement, with a constant commitment and aim of securing the highest levels of compensation possible.
The Law Protecting Gym-Goers
There are no specific laws in place that are focused on the safety requirements for gymnasiums. However, legislation does apply to gyms and serves to protect users from the potential risks. Legislative guidelines set out in the Health and Safety at Work etc. Act 1974 make it a legal obligation for gym owners to ensure that all gym equipment is thoroughly maintained, regular risk assessments are carried out, floors are free from hazards and that adequate provisions are made to prevent injury or suffering to any user of the facilities.
The Enterprise and Regulatory Reform Act 2013 developed this area of law to mean that it is necessary to provide further proof of liability in the event of negligence in the poor maintenance of equipment. This means that to make a successful claim, it must be proven that the gym owner failed to make regular inspections and perform maintenance checks and work as required. The legislation makes it clear that the breach of this duty of care led to the injury of the victim and this should have been anticipated by the gym owner. To prove liability, your solicitor will request a copy of the gym owner’s maintenance records as well as an engineer assessment of the equipment to determine whether it is reasonable that the owner did not carry out their legal duty fully.
Gym owners, like all other employers, are required by law to carry out thorough and regular risk assessments of their environment. This is to ensure that acceptable levels of safety are observed, and the risk of injury is minimised. In a gym setting, the risk assessment should cover the following areas:
- All equipment should be installed, maintained and assessed in line with the manufacturer’s guidelines.
- All required repairs must be carried out by a suitably qualified professional
- Equipment should be purchased from reliable sources that confirm with UK laws and regulations
- The area in which the equipment is located should be suitable and free from dangers
- Malfunctioning equipment must be removed immediately
- All gym users should have access to advice from staff with regards to how to use all equipment correctly
- Offers of tutorials, inductions and exercise advice should be made to users
- Written signage with instructions for gym use and safety should be displayed
- Thorough records of user inductions should be kept as well as a user signed copy of the gym rules.
UKactive Code of Practice
Further to the above legislation, UK gyms are expected to comply with the UKactive Code of Practice. This is a non-profit organisation which promotes safe exercises and good health throughout the country. The code of practice details that gyms are obliged to comply with the laws laid out in the Health and Safety at Work Act 1974 and the Management of Health and Safety at Work Regulations 1999.
How much compensation will I be awarded?
The amount of compensation that is awarded to you will depend on how severe your injury is, how it affects your current life and how it may impact you in the future.
Your solicitor will have a wealth of experience in successfully processing gym accident claims, and as such, will be skilled in demonstrating the impact that the gym owner’s negligence has caused to you. To secure the highest settlement award possible, they will seek to highlight:
- Your physical injuries
- Any emotional impact that the accident has had on you
- Any loss of earnings you have suffered (as well as any future loss of earnings)
- The cost of any treatments you need
- Any financial losses you have sustained, such as transport costs to attend doctors appointments
To find out if you have a valid personal injury claim, call 0800 678 1410 today for a free case assessment. This service is provided completely free of charge, and you are under no obligation to proceed.