What you need to know if you are injured at the gym
Whether it’s a new year’s resolution, a health kick or a way to improve your mental health; many of us turn to gyms when looking to exercise or improve our fitness.
MEJ Solicitor Jack Reid explains why it’s important to understand your rights if you are injured while working out.
What should I do if I’m injured at the gym?
If you hurt yourself at the gym, the first steps you should take are:
- Report the incident to management – depending on the nature and severity of your injuries, it’s prudent to notify a staff member as soon as possible, confirming the date, time and circumstances of the incident.
- Seek medical treatment – this will be helpful for your injuries in the long run, but also help you document your injuries if you end up making a claim.
- Seek legal advice – if you are injured, and you believe that the injury was caused or contributed to by the negligence of another, you should act quickly. In the ACT you generally need to lodge a claim form within 9 months of the incident and commence Court proceedings within 3 years in order to protect your rights.
What if I signed a waiver?
When you register for a gym membership, you may be asked to sign a waiver. In the ACT, it’s important to know that if something goes wrong, signing a waiver or release of liability does not absolve a person or organisation from all legal responsibilities in all situations.
If you have signed a waiver when joining your gym, you may still be entitled to compensation. It’s important to consult with a legal professional who can evaluate the specific circumstances of your case and examine the language of the waiver in question
The enforceability of a waiver depends on several factors, including the legality of the waiver, the nature of the activity, the negligence standard, and relevant consumer laws. You can read more about waivers in our article Does signing a waiver mean you can’t seek compensation?.
When am I entitled to compensation?
There are many examples of when you might be entitled to compensation. If the gym owners or their staff did not exercise reasonable care and skill or did not act like reasonable people in the way they managed the risks that led to your injury – you may be entitled to compensation for your injuries.
Some examples include:
- The gym not being properly cleaned and having a slip hazard which should have been removed;
- The gym having obstacles or obstructions that weren’t obvious to see which you tripped or fell over; or
- The gym having faulty equipment.
You could also be entitled to compensation if you were provided negligent or incorrect training, advice or recommendations from gym staff, a personal trainer or someone running a class. If a personal trainer pushes you too hard, recommends unsuitable or unsafe exercises or suggests exercises which are unsuitable, you may have a claim against them, their company or the gym. It is the responsibility of the trainer or staff to act with care and skill.
What are my rights?
If you are able to prove that the gym owners or their staff were negligent and you were injured as a result of that negligence, then you may have rights to compensation including:
- A lump sum for your pain and suffering that you have incurred due to the injuries (general damages);
- Funding for reasonable and necessary treatment expenses you have or will need to have in relation to the injuries (out-of-pocket expenses);
- Demonstrable loss of wages, or earning capacity that you have or will likely suffer as a result of the injuries (economic loss); and
- A payment in relation to your inability to perform domestic and personal care tasks such as cleaning, cooking or shopping (domestic care and assistance).
How can MEJ help?
If you have been injured at a gym, and want advice about your rights, contact the specialist team at MEJ. Our lawyers are knowledgeable, compassionate and dedicated to providing expert legal advice to injured people.