If you were hurt in an accident at the gym, it is important that you understand whether or not you can sue for your injuries. Although you likely signed a waiver when joining, you may have a case if the company’s negligence or recklessness contributed to your accident. For more information and legal advice, contact a Monmouth County personal injury attorney today.
Can I Sue a Gym for My Injuries in NJ?
Like any other business, gyms have a legal responsibility to maintain a safe environment for visitors and customers. This is known as premises liability. Under NJ Revised Statutes 2A:42A-8.1, the owner, lessee, or occupant of a premises can be held liable for a person injured on the property for the following.
- “Willful or malicious failure to guard, or to warn against, a dangerous condition, use, structure or activity”
- “Injury caused by acts of negligence on the part of the owner, lessee or occupant of the premises to any person where permission to engage in sport or recreational activity on the premises was granted…”
- “Injury caused by acts of gross negligence on the part of the owner, lessee, or occupant of the premises to any person entering or using the land for a use or purpose unrelated to public access purposes”
When it comes to gyms, premises liability includes ensuring that equipment is in good and working condition, providing training and supervision, and providing members a safe and well-maintained environment to work out in, free of unreasonable risk. If a gym fails to do any of these things and you are injured as a result, you may be able to sue and hold the company liable.
When Can I Sue?
While gyms do have a legal duty to maintain a safe environment, it does not mean that you can automatically sue them for any injury you sustain on the property. Certain legal criteria must be met in order for you to have a valid claim.
You will need to prove that the gym was negligent in some way. This involves demonstrating that the company owed you a duty of care, breached that duty, and caused your injury and damages as a direct result. The gym can be found negligent for a variety of reasons, including the following.
- Faulty or poorly maintained equipment
- Lack of supervision
- Poor lighting
- Wet or slippery surfaces
- Failure to provide adequate warning
- Staff negligence
- Lack of training
You may be concerned about the waiver that you signed upon joining the gym. The waiver typically limits the gym’s liability for injuries that occur during normal activities and ensures that you acknowledge the standard risks of exercising, like sprains and other ailments. However, you may still be able to take legal action for certain issues.
If the gym’s negligence or misconduct directly led to your injury, the waiver will likely not apply, and you may be able to sue for damages. Understanding your legal rights and options is imperative after a gym injury, so reach out to an experienced attorney for representation today.