Low-cost gym memberships are on the increase and as this makes for greater accessibility to athletic facilities due to the competitive price, the number of individuals sustaining injury in a gym environment is on the increase. Although budget chains constitute only 8% of the overall gym revenue, they now account for 21% of all fitness club memberships. Now low-cost gyms boast around 5,000 members per club, compared with an industry average of around 1,900. Such high numbers, low-cost memberships and opening times extending to 24 hours a day, mean that there are more leisure facilities open with a greater capacity than ever before.
Although this has obvious benefits to public health, it also indicates that there are a large number of new members within an environment that they are unfamiliar with, run by leisure clubs that have never dealt with this volume of members. These establishments are under an imposed duty of care to provide a safe environment for its members and visitors. However, given these conditions, gym related injuries frequently occur. For help at this stage call 01252354412 or fill out the online form at the top of this page.
When is my gym injury a personal injury?
The law of negligence has developed over the years to provide compensation to those who have been caused harm by the carelessness of others. A gym operator may be liable to their members, depending on the circumstances in which the injury took place. For help at this stage call 01252354412 or fill out the online form at the top of this page.
Although the facility operator is not required to check the experience of or provide training for those that use the facilities, they are required to warn them of the latent danger that may exist from using such facilities.
What needs to be proven?
For a gym-user to bring a personal injury claim certain criteria must be established before any award for compensation may be considered:
- There was a duty of care owed by the party that caused the alleged injury (defendant or defender) to the injured party (claimant or pursuer).
The duty of care is an obligation that is imposed on everyone not to do anything that is reasonably foreseeable as likely to cause someone else to suffer harm. There is a duty owed by the proprietor of a facility to provide a safe environment for people to undertake the service they are offering.
In this context, when determining whether there has been a breach of the duty of care, there must be an assessment not only of the likelihood that someone may be injured and the severity of the injury which may occur, but also the social value of the activity which gives rise to the risk and the cost of preventative measures. These factors are to be balanced against each other. This requires a court to take into consideration whether a finding of liability may prevent a desirable activity from being undertaken. It is likely that the organised sporting facilities are likely to qualify as desirable activities.
- The party that caused the injury failed to observed the duty of care.
This element must be must be established with evidence and so is more difficult to satisfy. This may be gained from an evaluation of the gym equipment, the facilities or from medical reports from the injuries sustained. This evidence will depend heavily on the circumstances of the case, however, the claimant must show not only that they have sustained an injury, but also that it has been caused by a breach of duty. For help at this stage call 01252354412 or fill out the online form at the top of this page.
What if my injury has been caused by a trainer’s advice?
Although a trainer is not responsible for the existing injuries that the claimant has, they still owe a duty of care not to cause or further injury through their own negligence or recklessness. The employer of the trainer may be liable for the injuries through ‘vicarious liability’ if the accident took place in the course of the trainer’s employment and it can be proven that they breached their duty of care to their client through, for example, poor exercise instructions. For help at this stage call 01252354412 or fill out the online form at the top of this page.
Measure of Damages
Where large-chain leisure facilities are involved, it is typical for the injuries to be settled by the parties’ insurers, rather than court proceedings. The challenge in bringing such claims is to correctly identify the best route to recovery, which is not often through court proceedings due to the costly and time-consuming nature of litigation. As such, strong evidence of injury may lead to a settlement by the insurance providers. Acquiring sufficient evidence to document the injury suffered at an early stage maximises the chance of success.
Court proceedings are usually undertaken if there is a dispute between the parties, or where one of the parties does not respond to a claim put to them. When determining how much damages will be awarded, the Court will apply personal injury guidelines, supported by evidence. To get help and advice relating to your personal injury claim call 01252354412 or fill out the online form at the top of this page.
Key Points
- There is a legal duty owed by the proprietor of a gym facility to provide a safe environment for people to undertake the service they are offering
- Although a trainer is not responsible for the existing injuries that a gym user has, they still owe a duty of care not to cause or further injury through their own negligence or recklessness
- The employer of the trainer may be liable for the injuries through ‘vicarious liability’ if the accident took place in the course of the trainer’s employment
- Where large-chain leisure facilities are involved, it is typical for the injuries to be settled by the parties’ insurers, rather than the courts
Nothing in this guide is intended to constitute legal advice and you are strongly advised to seek independent advice on matters that affect you.
For help at this stage call 01252354412 or fill out the online form at the top of this page.
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