An active lifestyle is a key component to a healthy and balanced life and there are many thousands of people in the UK who hold gym memberships or go to fitness classes. But what do we do when something goes wrong? Who is at fault? And can we receive compensation for any injuries we may sustain?
When you sign up to any gym, it is reasonable to expect that the gym and any equipment in it is well maintained and safe to use. In any case, gym owners and operators owe a duty of care to its users to keep them safe and prevent accidents occurring regardless of whether they are high profile gyms with many branches, or small independent businesses.
Every staff member working at any gym should be given adequate and comprehensive training to minimise the risk of gym users suffering injury, and particularly so with personal trainers. Given the vast array of heavy-duty, specialist equipment inside a gym, such as treadmills, cross trainers, weights racks and all manner of lifting equipment, it is no surprise that if the equipment isn’t used correctly, serious injury may occur. It is vital that strict health and safety rules are followed by all gym staff at all times, particularly if they are responsible for carrying out inductions for new customers, or for devising fitness programmes, or delivering fitness classes.
In warmer weather, many gyms may expand their classes by holding outdoor boot camps, where equipment may be taken outside or classes organised to take place in a public space, such as a local park. Holding these classes are in the outdoor environment may potentially carry additional risks. The area where the class is being held may not have been properly risk assessed and there may be defective or uneven ground which has not been taken into consideration when asking attendees to run or complete other exercises in these areas. The physical act of taking heavy equipment outside could also lead to a risk of injury to staff or gym users.
The three main components to prove when bringing claims of this sort are:
- You have been involved in an accident at a gym
- It was caused by the owner or operator’s negligence
- You have suffered injury as a result of the accident
So, what sort of things could cause an accident then?
- Faulty, defective or inadequate equipment
- Improper maintenance of equipment
- Weights not being cleared and put away properly
- Poor user inductions and advice by gym staff
- Hazards like wet floors, uneven flooring
- Trainers or coaches not assessing the risks of any outdoor space being used, such as glass on the floor, potholes in the ground etc.
You should use your own judgment when attending any kind of gym or fitness class. If you are unsure how to use a piece of equipment, then ask a member of staff before you use it. If you are asked to perform a certain exercise and you don’t feel confident or physically able to do it, then of course you can refuse.
I’ve been injured at the gym or whilst attending a fitness class, what should I do next?
You should seek medical attention immediately after an accident occurs, report the accident to gym staff if you are able to and make a note of anyone who may have seen or witnessed what happened. Ask for the accident circumstances to be recorded in writing and ask for a copy of the accident report. Get the name of the person that you are reporting the incident to. Check when reporting if there is likely to be any CCTV footage of the accident, and if so, ask to see this, or ask for it to be kept safe and not erased.
It is strongly recommended to seek legal advice if you are considering making a claim after suffering an injury whilst working out.
Are there time limits to making a gym-related personal injury claim?
The usual 3-year limitation period for personal injury claims applies here too. If you don’t learn about your injuries until later on, this period may be extended but it is best to seek legal advice as soon as your accident occurs.
How can our personal injury solicitors help?
Contact our specialist personal injury team for a no-obligation phone call on 0161 696 6235 or fill in an online enquiry form and a member of our team will get in touch with you.
By paralegal, Sharon Edwards
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