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Gym Liability and Injuries in Los Angeles


When Is The Gym Responsible For Your Injuries


Individuals who experience an injury while at the gym are able to recover monetary damages. Under California law, an owner or trainer can be held liable for their negligent actions if they result in the injury of a gym member. Common gym accidents include:

  • Faulty equipment
  • Slip and fall injury
  • Lack of equipment maintenance
  • Hazardous conditions
  • Negligent employees
  • Intentional behavior exhibited by an employee
  • Irresponsible gym members, or
  • Altercations between individuals utilizing the facility

Once the accident occurs, you may not be fully aware of how this actually happened. There are a variety of factors that may come into play. You may file a personal injury lawsuit against the gym if you have sustained injuries based on the above list above. A thorough investigation is needed to ensure that the final decision of the cause is correctly determined. If the incident applies to California law standards, then you will be compensated for the damages you suffered. Damages include, but are not limited to:

  • Medical bills
  • Lost wages
  • Pain and suffering
  • Punitive damages, or
  • Property damage

You must provide proof of negligence in order to recover damages after your injury accident. Factors for determining negligence include:

  • The individual’s negligent behavior resulted in the victim’s injury
  • The individual owed the victim a duty of care, or
  • The individual violated the duty of care due to their negligent behavior.

Gym Owner Liability


Under California’s premises liability law, it is required for a gym owner to make sure that their facility is safe and that equipment is in good condition for gym members to utilize. To do so, gym owners must:

  • Keep the property in good condition
  • Expect machines to ensure they are working normally
  • Make any repairs to damaged equipment
  • Have warning signs available on equipment that is damaged and undergoing repairs or
  • Have warning signs for any general dangerous conditions within the gym facility.

Failure to do so will hold the gym owner accountable for any harm that was done because of their lack of care due to gym members. This applies to gym facilities that are run by the county or city, as well. If an individual was injured in a property that was owned by the county or city, then they will be liable for damages if:

  • They maintained the property
  • They were aware of the hazardous conditions during the time the accident took place
  • They were given notice about dangerous conditions, but did not act quickly to improve it, or
  • The gym member was injured.

Gym Employee Liability


It is possible for a gym employee to be held liable for a gym-related accident. Under California’s Respondeat Superior laws, an employer is responsible for any form of negligent hiring or supervision of their employees. If an employee is not appropriately conducting themselves in the workplace and is committing negligent actions that result in an accident, the employer could be held liable for it. This includes:

  • Not carefully supervising the facility
  • Lack of staff available to monitor the facility
  • Reckless staff members resulting from negligent hiring, or
  • Intentionally inappropriate acts done by gym employees

Personal Trainer Liability


Personal trainers may be at fault for a gym member’s injury. An example could be a personal trainer instructing you to perform a workout routine incorrectly, thus resulting in an injury. That personal trainer will be held liable for any injuries or damages that were caused due to their reckless instruction. The personal trainer is expected to state their reasons behind why they choose to have you perform a specific workout routine that results in your injury. The jury will then determine whether that trainer’s guidance would correlate with how another personal trainer would have handled a similar situation.

Gym Member Liability


In some circumstances, a gym member can be held responsible for committing an act that results in the injury of another gym member. Examples could be gym members not:

  • Putting yoga balls or weights back in their normal places
  • Cleaning up after themselves after sweating all over the equipment, or
  • Being aware of the individuals around them, thus potentially harming them if they are carrying gym equipment

For the victim to prove they were harmed by another gym member, they must exhibit that individual’s negligence by showing:

  • he gym member owed the victim a duty of care,
  • The gym member violated this duty of care due to reckless or negligent behavior, or
  • The gym member’s inappropriate actions were the main reason for a victim to suffer an injury.

Waivers


There are a variety of gym facilities that incorporate waivers into their membership documents. These waivers indicate that any injuries taking place within their facilities will not be blamed on them. The waiver may be used for gym members who have a trial period membership, full-time membership, and a guest membership. Basically, any individual utilizing the facilities should be fully aware of potential risks that may come about if they do not use the equipment as instructed.

Once the document has been signed, several rights may be waived by the waiver. Regardless of how severe the injury was, the gym has no responsibility for it.
Additionally, the waiver may also cover any injuries that were caused by pre-existing health conditions.
However, if there is an injury that led to an individual’s death, it is generally not covered in waivers. Also, if a facility member intentionally exhibits careless or reckless behavior, then they may be held liable, depending on the circumstances and the aftermath.

Filing a Lawsuit


You are given a two year time period to file a premises liability injury in California. If you believe that you may have been partly at fault for you accident, you may still file a claim. Under comparative fault law, you and the gym facility may share the fault proportionally based on the level of fault from both parties involved.

Available Damages


Accidents happen. If you were injured as a result of someone else’s negligence, you may be entitled to compensation for your losses. Below is a brief explanation of damages. Damages are a type of monetary award that is determined by a court of law to help compensate an aggrieved individual for any losses or injuries sustained as a result of someone’s negligence.

Economic Damages
Economic damages are intended to compensate a plaintiff for losses that a dollar amount can readily be attached to. Economic damages are calculated by determining the amount of out of pocket losses an aggrieved individual has or will expect to incur as a result of their injuries.
A few examples of economic losses include:

  • Loss of Earning Capacity
  • Medical Bills
  • Lost Wages

Non-Economic Damages
Non-economic damages are essentially intended to cover losses that are thought of as subjective and will not necessarily cover out of pocket losses. Non-economic damages may include compensation for:

  • Emotional Distress
  • Pain And Suffering
  • Loss Of Enjoyment Of Life

Punitive Damages
The third type of damages a California court may award are known as punitive damages. Punitive damages are intended as punishment and are only awarded when a defendant’s behavior is especially harmful. Punitive damages are relatively rare and in fact were only incorporated in 5% of all verdicts.
Furthermore, there is no real set standard for calculating and awarding punitive damages. Punitive damages are awarded at the court’s discretion and will vary depending on the specific circumstances of a case.

West Coast Trial Lawyers is Here to Help
If you or a loved one has been a victim of a gym-related premises liability, West Coast Trial Lawyers has premises liability attorneys that are readily available to help you get the maximum compensation and justice you deserve. Our attorneys are determined to work tirelessly to ensure you receive a satisfactory end result for your settlement. We offer a free, no-obligation consultation with our premises liability lawyers at our firm. There are no financial risks involved when you use our services. No fees are paid until we win your case. Reach out to our legal team 24/7 by calling(213) 927-3700 or email [email protected].

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