Have a question? Call us on 0800 1979 345
This article was published on December 21st, 2021
There are currently over 7,000 gyms in the UK and the number of people who have a gym membership has surpassed 10 million, but what happens if you are injured in the gym? Can you make a claim for compensation?
Whilst visiting a gym might feel like one of the safest activities available for those looking to improve their health, fitness and aesthetic image, they are not danger-free.
In this blog post, our team discusses which options are available to you, as well as outlining some of the potential injuries an individual may suffer when attending the gym.
Ever been to a gym for the first time and had no idea what to do?
Gyms are subject to strict Health and Safety regulations and as such inductions are essential for new members at any gym.
Usually, an instructor or personal trainer will walk individuals through the various pieces of equipment, explaining how to use them properly and what they should not do in order to keep the training environment as safe as possible.
People who attend the gym are also often supplied with a code of conduct, with many modern gyms opting to have their code of conduct on the walls of the gym itself.
Gyms have a legal duty of care to ensure each person within the gym is provided with a safe space to train. The Occupiers Liability Act 1957 states that the occupier of the premises is the one responsible for ensuring safety standards are maintained and that visitors are cared for properly.
However, those who are injured in the gym as a result of training too hard, or from failing to adhere to safety guidelines may find that they are unable to make a claim for compensation as a result of their own actions that the gym could not have foreseen.
This is a question that can be quite complex to answer, depending on a host of different situations and factors.
As we have already outlined, suffering an injury in the gym isn’t always a result of the gym or its staff. There are many instances where an injury occurs and the occupier of the premises may be at no fault at all.
Likewise, the person attending the gym may also not be at fault. When considering making a claim for a personal injury that has been suffered inside a gym, the work of contractors and other external influences must be considered including the manufacturers of the gym equipment that may have caused the injury.
Having said that it the duty of any business under The Health and Safety at Work etc Act 1974 to ensure that they as occupiers provide safe and secure conditions for people to use their space safely and without injury.
When you first sign up to a gym you may have to sign a waiver that removes the responsibility of the gym or its owners should you suffer an injury whilst on the premises. This can often deter those who suffer a personal injury in a gym from making a claim for compensation.
However, a waiver isn’t always legally binding and in some instances can be overruled, therefore it’s important that you seek legal advice from a specialist personal injury solicitor.
Our personal injury team are nationally renowned and can assist you with your claim if you have been injured in the gym, if the injury was caused by another party.
We offer a free initial consultation to assess your claim and advise you on the steps you should take.
If you’d like to arrange your free initial meeting with us, please call 0800 1979 345 or complete our online enquiry form by clicking here and a member of our team can call you back at a time that is more suitable for you.
