Working out at the gym is a popular way to stay in shape in Manhattan Beach. As in any other form of physically challenging activity, there is always the risk of accidental injury while exercising at the gym. Some common gym workout injuries include:
- Brain injuries
- Muscle pulls or strains
- Ankle or wrist sprains
- Heart attacks or other cardiac events
- Knee injuries
- Joint injuries
How Gym Accidents Happen
In some instances, gym-goers get injured when they push themselves too hard — lifting weights that are too heavy, doing too many reps, etc. Incorrectly using gym equipment can also result in injury.
In other instances, they may experience an injury resulting from an accident caused by the negligence of a gym’s owner, manager, or staff. Improper maintenance of gym facilities and equipment has been responsible for several severe Manhattan Beach gym injuries, including bone fractures, spinal injuries, neck and back injuries, and traumatic brain injuries.
However, seeking compensation for gym-related injuries can be difficult.
Why It’s So Difficult to Get Compensation For a Manhattan Beach Gym Accident Injury
“Assumption of Risk” is an argument insurance companies often use to deny a claim. The assumption of risk means that you were aware of the possibility of injury and chose to go to the gym anyway.
An even more significant obstacle is “waiver of liability.” When you joined the gym, the paperwork you signed likely included an item called a waiver of liability. By signing these waivers of liability, members agree to give up their right to take legal action against a gym if they become injured at the gym.
If you’ve been injured due to over-exerting yourself or after incorrectly using the equipment, your chances of winning a claim against a gym are slim.
What if Your Manhattan Beach Gym Injuries Were Caused by Negligence?
However, if you’ve been injured in a Manhattan Beach gym accident that occurred due to the negligence of gym owners, management or staff, you might have a better chance of success.
Your waiver of liability doesn’t extend to injuries caused by the gross negligence of gym owners and management. Certain statutory violations may also defeat the defense of waiver. There are several other theories that can be used to defeat a waiver.
Depending on circumstances, including whether you signed a waiver and the scope of the waiver, you may be able to prevail in your personal injury claim if you can show that the gym facility:
An experienced Manhattan Beach personal injury attorney can guide you through such a claim, helping you to obtain the evidence you’ll need to prove that a gym’s negligence was responsible for your injuries (medical reports, witness testimony, expert testimony, and video surveillance footage, etc.), establish the scope and cost of your damages, negotiating with the gym’s insurance company, and representing you in court, if necessary.
- Was not maintained according to the accepted average standards of gym maintenance — equipment was broken, locker room floors weren’t kept clear of slip and trip hazards, etc.
- Was set up in a way that created opportunities for an injury.
- Did not post proper warning signs.
- Hired trainers that were uncertified or poorly trained. (If you are injured while following the instructions of your personal trainer, you may have the grounds for a claim.)
Manhattan Beach Gym Injury Lawyers Can Help
Pursuing a personal injury claim against a gym can be a challenge. Still, it’s not impossible, especially when you are represented by Manhattan Beach personal injury attorneys the Law Offices of Scott Dinsmore, APC. We have the skills and experience to prevail in even the most difficult personal injury cases; one of our recent victories includes a $2,000,000 settlement for a plaintiff who fractured her hip after slipping on a wet locker room floor in a gym.
The Law Offices of Scott Dinsmore, APC has represented clients in Manhattan Beach, Hermosa Beach, Redondo Beach, Gardena, Hawthorne, Lawndale, El Segundo, and surrounding communities for over 30 years. If you’ve been injured in an accident that was caused by the negligent actions of a company or individual, we are here to help you get the full compensation you deserve for your injuries. Contact our offices to speak with a leading Manhattan Beach personal injury attorney about your claim.