One of the most important things one can do to maintain their health is to incorporate fitness into their lifestyle. That is why many Floridians enjoy running, cycling, lifting weights, and playing sports with family and friends as much as possible. Many Floridians are also members of gyms, cycling clubs, cross fitness gyms, etc. Sadly, crowded gyms, poorly designed exercise equipment or defective exercise equipment, and intense training can all lead to many types of injuries. If you or someone you love has been injured due to defective fitness equipment or a trainer or gym’s carelessness or negligence, we may be able to help you obtain compensation to help cover the costs of any injury you or your loved may have sustained.
Fitness Gyms & Premises Liability
If you have suffered an injury in a gym or while playing sports and if your injury was caused by the property owner’s negligence, you may have a premises liability claim. In personal injury law, a premises liability case deals with injuries caused by a property owner’s failure to maintain his property or to warn visitors of dangers. Common premises liability cases include slip and fall cases or construction accidents that harm visitors. The duty of care that a property owner owes toward people injured on their property depends on the relationship between the property owner and the injured person. In Florida, an injured person falls into one of these three categories: invitees, licensees, or trespassers. Gyms are just like retail stores, grocery stores, and restaurants in that they are all responsible for maintaining their premises. In Florida, gym owners have a legal duty to maintain their premises in a reasonably safe condition so that gymgoers are not injured. This obligation includes the responsibility to check the premises on a regular basis for broken or faulty fitness equipment, defective fitness equipment and any other hazards on the property. Additionally, if a gym owner or their staff encounters any known risks or dangerous conditions, they are supposed to warn customers of said conditions or risks. For a gym to be liable under the theory of negligence, the plaintiff must establish the following elements by a preponderance of the evidence: The plaintiff was owed a duty of care (i.e., the obligation to maintain the premises and warn of known or foreseeable dangers), the gym breached the duty of care owed to the plaintiff, and the gym’s breach was a direct cause of the plaintiff’s harm. Here are some common examples of ways a gym or fitness club may have been negligent in causing your injury:
-Poorly maintained fitness gear
-Poorly maintained fitness equipment
-Broken or defective fitness equipment
-Unsafe premises (i.e., slippery floors, broken handrails, shoddy electrical work)
-Personal trainer or employee negligence
Injured at a Gym? Speak with a Personal Injury Attorney Today!
Injuries at the gym occur with a lot more frequency than you may think. This is probably why most gyms and fitness facilities require that customers sign a waiver of liability before being allowed to join as a member. Liability waivers are carefully designed to try and prevent consumers from suing gyms even when employees, trainers, or even the gym owners themselves are negligent or careless. The good news is that you may still be able to file a lawsuit despite signing a liability waiver. In order to determine if you may still file a lawsuit to obtain compensation for your injuries, it is important to take a closer look at the legal language found in your gym membership contract you signed when signing up. Our team of personal injury lawyers would be more than happy to help with this matter and can examine your waiver as well as the circumstances of your injury and advise you on how to proceed. At Suarez & Montero, we believe that our firms’ success with past clients speak for themselves, but we also understand the importance of explaining how and why our record of success should make injury victims confident about choosing to work with our firm. For over 19 years, we have delivered quality legal representation for people who, through no fault of their own, have been injured in all types of motor vehicle accidents. We are available 24/7 to give you a free, no risk case consultation.
We serve clients throughout Florida including those in the following areas:
Miami-Dade: Aventura, Coral Gables, Doral, Fontainebleau, Hialeah, Homestead, Kendall, Miami, Miami Beach, Miami Lakes, North Miami, Tamiami, and Westchester.
Broward: Fort Lauderdale, Hallandale Beach, Hollywood, Pembroke Pines, and Weston; and Palm Beach County including Boca Raton, Lake Worth, and West Palm Beach.