Out with the old and in with the new you! If you’re getting ready to embark on your 2016 weight loss journey, there are a couple of things you may want to keep in mind before you sign your membership contract and hit the gym. Don’t be too eager to start seeing results and jump into a new routine feet-first. Not using a machine properly can result in serious injuries and gyms make members sign liability waivers to protect themselves from lawsuits.
Some gyms make members sign a total waiver of liability, which allows the gym to be free of all liability for any injury that occurs there. Although the agreement can still be held unenforceable in court if it’s overly broad. Other gyms may make members sign a waiver for negligence that prevents members from suing for injuries caused by the gym or its employee and these waivers are usually enforceable in court. Another type of waiver is liability for intentional acts which in general is against public policy for courts to enforce.
Gym owners have a duty to ensure that their facility is reasonably safe for every guest that comes in. Premises liability laws require owners to do inspections of any defects or potential dangers. Even with these laws in place, injuries are still pretty common in gym settings. Sometimes injuries are self inflicted by overworking the body and doing too many reps or a result of negligence from employees by not cleaning wet floors from the shower or warning guest about broken equipment. So if you are injured in a gym, it’s best to contact a personal injury attorney to see if you are able to file a claim to recover damages from your injury.