Gym and fitness center memberships are a luxury expense; therefore, it is understandable that members expect a certain standard of professionalism and client support. That includes their own safety. After all, people go to the gym to improve their health, not harm it. So, when a wrongful accident happens, clients can feel betrayed.
One of the most common types of gym accidents are slip, trip, and fall accidents. From defect equipment and negligent staffing to inadequate facility maintenance, structural integrity negligence, poor security, and more, there are all kinds of ways a fitness business can expose clients to hazardous slip and fall conditions as a result of negligence.
If you were recently injured at the gym after falling because the gym was negligent, it is important to learn your rights to obtaining compensation to cover your related damages and losses. Continue below to learn how to bring about a slip and fall accident claim against a negligent gym or fitness center in Indiana.
Gym Liability Basics
Is your gym liable if you fall and seriously hurt yourself on their premises? The answer depends on the specific factors of the accident. Waivers or membership agreements can sometimes play a central role in fitness studio and gym liability. But does signing a gym waiver also sign away your rights to compensation following a gym accident? Again, the answer will vary depending on the details of the event.
Most gym liability waivers do have language in them that attempts to void their liability in the case that a member is hurt on their premises. But just because these waivers state that members cannot sue the gym following an accident, such waivers are not always enforceable in a court of law.
Common Types of Gym Waivers:
▷ Total Liability Waiver – Total waiver of liability agreements are written to relieve a gym of all legal responsibility in the case of a member accident. Many courts tend to find these extensive waivers overly broad, and therefore, unenforceable in a lawsuit.
▷ Waiver For Negligence – These waivers are designed to free a gym of liability in the case that a member is injured on their premises due to gym or staff negligence. Although these are generally enforced in a court of law, there are many exceptions in which they are not.
▷ Intentional Acts Waiver – Also called a waiver for intentional acts, this type of liability agreement is meant to rid a gym of any legal liability in the case that a member is injured due to intentional acts of negligence, reckless, or egregious misconduct. Very often, these waivers are not enforced in a personal injury lawsuit.
Premises Liability Law in Indiana
In all states, property owners, including all businesses, have a legal responsibility to ensure their premises are safe and free of foreseeable hazards, for both guests and staff. This is referred to as a duty of care, and it is the law. Any store or commercial space that invites people in or onto their property is required to fulfill this legal duty, and this includes fitness studios and gyms. Gym and fitness centers are expected to use a high level of caution to make sure their property is safe for all.
Such responsibilities include making repairs as needed, making updates and renovations as needed, implementing routine inspections, staying up to code on all systems, implementing routine cleaning and maintenance, and post warnings in trouble areas. If a gym neglects or fails to uphold their duty of care, whether through action or inaction, they can be held liable for any resulting damages and losses suffered by the accident victim and their insurance company would have to pay any verdict or settlement.
It is critical that you speak with a seasoned Indiana personal injury lawyer about pursing a premises liability lawsuit against a negligent gym after being injured on their property in a slip or fall accident. Time is of the essence, so act fast before any evidence is lost to support your case.
Are you a recent gym accident victim looking for seasoned legal representation in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a no-risk, no-fee personal injury consultation with an experienced slip and fall accident attorney in Indianapolis, Indiana. We represent injured persons throughout the state.