Can I Sue If I’m Injured at a Gym in Florida?
When you began your gym membership, you probably signed a waiver stating that the gym isn’t liable for injuries you suffer. But what if an injury happened that was clearly the gym’s fault? Can you still sue for a Florida gym injury, or does your waiver prevent you from taking any legal action?
The answer depends on the reason for the injury and the information in the waiver.
How Signing Waivers and Disclaimers Impacts Your Ability To Sue
Fitness centers typically require patrons to sign a waiver before using any equipment. While these waivers can vary, they frequently state that the gym is not liable for any injuries on the premises.
Gym waivers are often incomplete and ambiguous. Gyms use them to discourage patrons from suing in the event of a serious injury. But just because you signed a waiver does not mean it would hold up in court.
If the waiver uses overly ambiguous language, it may not be valid and would not impact your claims process. If you only signed the last page of a waiver and were not provided the complete waiver, it may be a bar from using it against you. If the gym exhibited gross negligence, you may be able to hold it liable for your Florida gym injury regardless of what you agreed to in the waiver.
What Types of Injuries Aren’t Typically Covered By a Waiver?
Even if a gym owner tries to evade responsibility for all injuries on their premises, a waiver may not cover Florida gym injuries resulting from negligence. This means you may still have the right to sue and hold the gym owner accountable.
Here are a few examples of injuries that involve negligence:
- Equipment malfunctions, whether due to design flaws or lack of maintenance. You could hold the equipment manufacturer or the gym owner liable, respectively.
- Hygiene issues: If you suffer an infection due to a lack of cleanliness, the gym owner may be responsible. In some gyms, patrons are responsible for wiping down equipment before and after use, which may make holding the gym liable more challenging.
- Negligent security: Gyms are sometimes common environments for fights and criminal activity. If a gym fails to provide adequate security measures and you become injured due to criminal behavior, it may be liable.
- Wet floors: Like any business, gyms should place “wet floor” signs near spills to warn patrons and clean up spills promptly. Failing to do so could leave the gym liable for slip-and-fall accidents.
- Personal trainer responsibility: If a trainer instructs a patron to try an unsafe activity, they may be responsible for injuries that occur.
When Are Gym Owners Liable for Injuries?
To prove negligence or liability after a Florida gym injury, you need to prove the following:
- The gym owed you a duty of care.
- The gym breached its duty of care.
- An accident occurred due to the breach.
- You suffered an injury in the accident.
Gyms owe a duty of care to their members and visitors but generally not to trespassers.
To prove that a gym breached its duty of care, you must show that the gym staff knew or reasonably should have known about a hazard yet failed to mitigate it. This can be challenging because all gym equipment poses a hazard when used incorrectly.
You and your attorney will need to collect evidence showing that the injury occurred outside of normal gym activity, that you could not have reasonably prevented it, and that the gym staff was responsible for mitigating it.
Seek Assistance With a Florida Gym Injury From Lyons & Snyder
At Lyons & Snyder, we have extensive experience aiding compensation claims after Florida accident injuries. We can protect your legal rights, help you gather evidence and injury documentation, and pursue compensation on your behalf. Contact us today at 954-787-1819 for a free consultation.
