Can I Sue My Gym?

At Enjuris, we would never want to discourage anyone from enjoying the benefits of regular physical exercise. 

That said, if you find yourself searching for an excuse to skip a gym day, consider this: one in four people report suffering an injury at the gym in their lifetime, and the path to holding a gym accountable is anything but straightforward.

Most common causes of injuries sustained at fitness facilities

It is widely accepted that physical activity can improve your brain health, help manage weight, reduce the risk of disease, strengthen your muscles, and improve your ability to handle everyday activities. Unfortunately, however, with all forms of physical activity, there is a risk of injury.

According to the National Institutes of Health, some of the most common gym-related injuries include:

Though less common, more severe injuries can also occur, including traumatic brain injuries, spinal cord injuries, and even death.

A number of reports have looked at the most common injuries sustained while working out, but less attention has been paid to the actual causes of these injuries.

One study published in the Journal of Injury Epidemiology examined the most common causes of gym-related injuries. The list includes:

• Tripping and falling on non-motorized equipment
• Tripping and falling on motorized equipment (e.g., treadmills)
• Tripping and falling unrelated to equipment use
• Tripping and falling in changing rooms
• Awkward landings or twists during exercises
• Body parts getting caught in machinery (e.g., fingers in treadmill belts)
• Dropping heavy weights on oneself
• Crushing injuries from heavy weights or objects
• Collisions with other gym-goers
• Collisions with walls or equipment
• Being crushed beneath equipment
• Equipment malfunctioning
• Injuries while moving equipment
• Overexertion injuries
• Assault-related injuries
• Injuries from foreign substances (e.g., rust entering the eye)
• Allergic reactions

Legal options to sue a gym

Whether you can take legal action against a gym depends on the circumstances surrounding your injury, but in many cases, you may have legitimate grounds to file a lawsuit. The two most common causes of action in such situations are based on negligence and product liability. 

Let’s take a closer look at each of these causes of action.

Understanding negligence claims against gyms

Negligence in a legal context means a gym didn't meet the expected safety standards that a reasonable entity would under similar situations. To hold a gym liable for negligence, three key elements must be proven:

• The owner of the gym had a duty to protect you from harm,
• The owner of the gym breached their duty to protect you from harm, and
• You were injured as a direct result of the breach.

But how do you know if a gym owner has a duty to protect you from harm? And if the owner does have a duty, do they have to protect you from all harm?

The specific obligations of the gym owner depend on your classification, which is determined by the reason you were on the property. As a gym user, you’re classified as an invitee, which means the gym owes you the highest level of care. This includes finding and fixing any dangerous conditions, or at least warning about them. 

So, if you're injured because the gym didn't address a hazard it knew about or should have known about, you probably have a strong negligence case.

Consider the following hypothetical:

Understanding product liability claims against gyms

Product liability lawsuits arise from injuries caused by defective or unsafe gym equipment. 

Legally, there are three recognized types of defects that can form the basis of a product liability claim:

The role of waivers in gym injury lawsuits

When you sign up for a gym membership, one of the first things you will be asked to do is sign a waiver. 

A waiver is simply an agreement where you release certain parties (usually the owner of the gym) from any liability related to injuries suffered. 

Every state treats waivers differently. In some states, waivers are unenforceable, while in others, they are upheld if they meet specific requirements. Understanding the specifics of the waiver you signed and its enforceability in your state is crucial in assessing the viability of your case.

Common defenses in gym injury cases

In defending against injury claims, gyms may use several defense strategies to limit their liability. Here are some of the most common defenses they might employ:

• Assumption of risk: If a gym-goer voluntarily and knowingly assumes the risk of engaging in potentially dangerous activities at the gym, the gym may not be held liable for any resulting injuries. For example, when a member participates in a high-impact fitness class and has signed an agreement acknowledging the risks involved, this might be considered an express assumption of risk.
• Open and obvious dangers: Gyms might also argue that they are not at fault because the dangerous condition was open and obvious, meaning that the injured party should have noticed and avoided it. While the presence of an open and obvious danger doesn't completely absolve the gym of the duty to maintain a safe environment, it can impact the determination of liability. Courts will consider whether a reasonable person would have avoided the hazard and whether the gym should have taken steps to mitigate an obvious risk.
• Comparative fault: Under the principle of comparative fault, which is recognized in many states in varying forms, an injured party's compensation can be reduced by their percentage of fault. For instance, if a gym member is found to be 30% responsible for their injury because they misused equipment or ignored safety instructions, their awarded damages would be reduced accordingly. In states following a modified comparative fault rule, if the plaintiff is found to be equally or more at fault (usually 50% or more), they may not be eligible to recover any damages at all.

Steps to take after a gym injury

If you're injured at a gym, taking the right steps can significantly impact your ability to pursue a lawsuit.

1. Seek medical attention: Your health is the top priority. Prompt medical treatment also provides documentation of your injuries.
2. Report the injury: Notify gym management of the incident as soon as possible, ensuring it's documented.
3. Document everything: Take photos of the scene and your injuries, and gather contact information from any witnesses.
4. Consult a personal injury lawyer: An experienced attorney can evaluate your case, help navigate the complexities of gym injury lawsuits, and advise on the best course of action.

Gym injury lawsuits: frequently asked questions (FAQs)

Still have questions about gym-related lawsuits? Let’s see if we can help: