As the New Year kicks into full swing you may be chipping away at your resolution to lose weight. In fact, according to a YouGov poll, the most common resolutions include:
– losing weight
– getting more exercise
– saving more money
While these resolutions are excellent choices they also introduce a new threat. To achieve the most weight loss and get more exercise many people will hit the gym daily. While the gym is a convenient option it can also put you at higher risk for a personal injury.
Facing a personal injury can be overwhelming and uncertain. If you are injured at a gym, a personal injury attorney in Deerfield Beach, Florida can help. Let’s take a look at what a personal injury is, the types of liabilities you assume when hitting the gym and how an attorney can help.
Understanding Your Personal Injury
One of the biggest challenges of seeking compensation for a personal injury is establishing where the injury took place. To prove your injury occurred at the gym you’ll need a host of things such as witnesses and documentation. In cases where you can prove your injury was at the gym, you’ll still need to face certain liabilities because you often accept these liabilities when joining the gym.
It is a common misunderstanding that if you’re injured at a gym, the gym will have to cover the costs of your recovery. Yet, it is more accurate to understand that some injuries at the gym are the fault of the owners. It is also important to note that others are your responsibility as an individual patron.
Naturally, there are “gray areas” where there may be some fault of varying degrees on both sides. Laws protect gym owners as much as they do individual patrons. By requiring gym members to sign liability waivers upon joining, gyms relieve themselves of many liabilities.
Types of Florida Liabilities
In the state of Florida, gym owners are liable for exercising reasonable care for patrons. This simply means that they must take precautions to protect patrons from harm. This can include:
– keeping walkways clear of debris or hazards
– maintaining a first aid kit
– repairing and maintaining equipment
– replacing frayed wires and ropes
– providing adequate light
A failure to protect patrons from harm is a responsibility for gym owners. If they fail to take precautions the gym may be held liable for negligence. A personal injury lawyer in Deerfield Beach, Florida can help you determine if your gym was negligent in any way.
Negligence is often placed against the assumption of risk you take when you sign waivers. For example, if you break your ankle on a treadmill the gym would not be liable if the treadmill was maintained and operated properly.
To protect the gym from liabilities the waivers signed by members provide broad and ambiguous language. The broad language combined with the assumption of risk doctrine serves to eliminate liability – if any.
Assumption Of Risk
Anytime you walk into a store to shop or sit down in a restaurant to eat you are assuming the risk associated with these actions. Often used as a defense in the laws of torts this defense is very strong in personal injury cases.
The assumption of risk can reduce or eliminate your right to recover losses. The risk can often show that you voluntarily and knowingly assumed the risk by participating in the activity. When working out in a gym many gym owners will imply that you knew of the risks of using the gym’s equipment. Thus, because you knew of the risk you are responsible for any injuries.
Personal Injury Recovery and Help
Facing a personal injury at the gym can be intimidating and uncertain. By seeking the counsel of a personal injury attorney in Deerfield Beach, Florida you are able to focus on recovery. Your personal injury attorney can work with you to determine your next steps as well as build your case.
Many personal injury attorneys can help determine if you have a strong and viable case during a consultation. Upon leaving the consultation you’ll learn more about your rights as well as how much your representation will cost.
You’ll also have the opportunity to get help from someone familiar with complex personal injury laws. This is essential when filing your case and seeking compensation for loss of wages, medical expenses and more.
Avoid facing your personal injury case alone and speak to one of our experienced attorneys today at no charge. As part of our commitment to you if we don’t settle your case you’ll pay us no fees. Schedule your no charge consultation today.