Injuries at a Virginia Gym – Can You Sue a Gym for Faulty Equipment?
If you work too hard at the gym and sprain a muscle, you won’t have much luck suing the gym. However, when faulty or poorly maintained equipment is to blame for injuries at a Virginia gym, you may have grounds to sue the gym or the manufacturer of the equipment.
There are some obstacles from the outset. If you become injured at a gym, it’s not worth considering a lawsuit against a gym unless your injuries are serious. At Cooper Hurley Injury Lawyers, we have a long track record in helping clients who are hurt at a business. These cases are called premises liability cases. They are often complicated and hard fought. If you suffer a sprain, it’s not usually worth pursuing legal action. If you break a bone or suffer a head or serious back injury, you should talk to a premises liability lawyer.
Even if you suffer a serious injury, you have to ask yourself if the gym is liable. Some pertinent factors to consider with injuries at a Virginia gym are:
Gyms may attempt to duck liability by getting you to sign a liability waiver that will prevent you filing a lawsuit. You should not assume your signature will prevent you from taking legal action. Recently, we have seen a surge of injuries at trampoline parks. The parks have sought to cover themselves by getting users to sign waivers.
A piece of paper will not protect a business owner if conditions at the facility are dangerous. A gym’s waiver may seek to limit liability for injuries related to equipment but it will not cover instances where the gym failed to maintain its equipment properly or knew equipment was faulty and but failed to fix it.
2 The Seriousness of the Gym Defect
Some piece of equipment at the gym are fundamentally dangerous. If you are exercising too hard, fall off a treadmill and suffer a head injury, the gym can’t be held liable. Virginia has a contributory negligence doctrine that finds if you are even 1 percent responsible for your injury, you will not be able to make a recovery.
However, lawsuits based on equipment defect can include:
1 Design Defects
If a piece of equipment is poorly designed and dangerous, users who are injured may have grounds to being a product liability lawsuit against the manufacturer. The gym could be liable if it had knowledge of the defect.
2 Manufacturing Defects
You also may have grounds to file a product liability lawsuit if the manufacturer departed from the intended design or made an omission. If, for example, a bolt was missing and the arm of a machine hurt a user, he or she would have grounds to sue the manufacturer.
3 Defects in Maintenance
If a gym fails to act on a known problem with a machine or fails to properly maintain gym equipment, causing injury, it could be held liable.
4 Defects in Warnings
If the piece of equipment The equipment lacks adequate warnings or instructions, rendering it unreasonably dangerous, a gym can be held liable.
Gym injuries are not as uncommon as many people think. Treadmills are linked to 24,000 injuries a year. Recently, a woman from California launched a $3.8 million lawsuit over a brain injury linked to a fall on a treadmill.
If you or a loved one has suffered injuries at Virginia gym, you may have grounds to file a lawsuit. An experienced Virginia premises liability lawyer can help you. Call us at (757) 455-0077.