If a slip and fall accident results in injury at a gym or health club, it may not occur to you at first that you may be eligible for compensation. However, any time you are injured and someone is at fault, you can seek damages for the medical attention, lost wages, and other financial losses that may incur, whether it is a business, sidewalk, or a private residence.
Of course, what can be sought after depends on the circumstances of the accident and how severely you have been injured. A slip and fall accident, for instance, is a solid argument that can be made against an establishment. However, slipping on a wet kitchen floor of your friend’s home can be much more difficult to seek damages for and prove. At a gym or health club, you can rest assured that you can seek damages when you have been injured due to someone else’s negligence.
What Qualifies as Negligence
Proving negligence can be tricky. Before trying to prove it, it is important to understand what qualifies as negligence. Negligence is when care is not exercised in a manner in which a reasonably prudent person would have abided by a duty of care. For instance, a reasonable employee would clean up a spill and leave a sign to warn customers of the danger. However, if the individual spilled water and someone immediately slipped on the puddle, it would not be reasonable to have expected the spill to have been immediately cleared. However, when someone slips in a business, they could still have a claim, as the business may liable under premises liability laws.
Tripping Hazards in a Gym or Health Club
There are some common slipping and tripping hazards that occur regularly in health clubs and gyms. These include:
Damaged or broken tiles on the floor
Equipment that is broken or damaged, creating a tripping hazard
Carpet that is worn or has tears
Wet floors, especially in the shower area and bathrooms
Electrical wires or cables that are not properly secured or tucked away
These hazards all increase the risk of a slip and fall accident and a gym owner is responsible for taking steps to ensure these areas are safe for patrons. Some common injuries that can be incurred as a result of a slip and fall accident in a gym include but are not limited to head injuries, broken bones, severe laceration and scarring, spinal cord injury, back problems, brain injuries, and other musculoskeletal injury or strains. Those who have been injured have the right to seek compensation for their medical bills and lost wages, along with pain and suffering, loss of enjoyment of life, and other related complications that may arise as a direct result of the injury.
Some gyms and health clubs require patrons to sign waivers of liability. The language is often purposely confusing, as to discourage patrons from seeking damages. Before deciding against a claim, consult with an experienced personal injury lawyer to see what legal strategies could lead to a successful outcome for your case.
ABOUT THE AUTHOR: Richard DiTomaso
Richard DiTomaso, Esq. was admitted to the practice of law in New Jersey and Pennsylvania in 1996, and was admitted to the practice in Illinois in 1995. He is admitted to practice in all State Courts of New Jersey and Pennsylvania, the Federal District Court of New Jersey and the Eastern District Court of Pennsylvania and also the U.S. Supreme Court.
Copyright DiTomaso Law - Google+ More information about DiTomaso Law Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.