Have you suffered an injury because a gym machine malfunctioned? If so, this article explains how you could be eligible to seek compensation through a personal injury claim. At Public Interest Lawyers, we could assess your public liability claim for free and connect you to a No Win No Fee solicitor if you meet the eligibility criteria.
- In public spaces you are owed a duty of care, if this duty is breached and you suffer an injury you could be eligible to seek compensation.
- Evidence is key to proving your personal injury claim, gather as much supporting evidence as possible.
- A gym is required by law to ensure that the space they control and its equipment are well maintained.
- A personal injury settlement will cover both physical and financial impacts of the injury.
- A No Win No Fee personal injury solicitor from our panel needs no upfront fees.
If you have valid grounds for a claim, our advisors can connect you with a personal injury solicitor to help. To get started, simply contact the team 24/7 by calling 0800 408 7825 for a free, no-obligation case check. You can also contact us online or speak through the webchat function below.
Choose A Section
- How Public Interest Lawyers Could Help You Claim For Injuries Caused By Unsafe Gym Equipment
- A Gym Machine Malfunctioned – When Can I Claim?
- How To Claim If Injured Because A Gym Machine Malfunctioned
- How Much Gym Accident Compensation Could I Receive?
- Claim For An Accident At The Gym On A No Win No Fee Basis
- More Resources About Claiming Gym Accident Compensation
Free advice could help if you are looking for compensation after an injury at the gym. Here at Public Interest Lawyers, our advisors can evaluate your public liability claim for free and provide free advice on your next steps. If you have an eligible claim, we will connect you to a personal injury solicitor who works on a No Win No Fee basis.
With this in mind, it’s useful to understand some of the ways that our panel of solicitors can help:
- They can help you obtain and gather supporting evidence.
- A solicitor can guide you through every stage of the claims process.
- They can explain any complex legal jargon.
- Solicitors can ensure that your claim is filed in full and on time.
- They can provide a realistic estimate of the compensation you may be owed.
- They can present a professional and thorough claim that includes all aspects of harm caused to you by the injury.
This is probably a whole new area for you. So to make sure that your compensation claim for an injury after a gym machine malfunctioned starts off right, get in touch. Our advisors can run through a brief and informal assessment and possibly connect you with a solicitor to help. Find out more on the number above.
All gyms owe members of the public who use them a duty of care under the Occupiers’ Liability Act 1957. This law states that anyone in charge of an area open to visitors must reasonably ensure their safety whilst on the premises and using their facilities.
In order to meet these expectations, the occupier needs to take regular steps to ensure the safety of the premises and facilities. One way to do this is to check weight machines and equipment regularly, address any repairs or concerns in a timely fashion, keep them well maintained, and risk assess the area and equipment.
When making a public liability claim, it is important to note that gym accidents can happen despite the best-run arrangements. Not every injury at the gym is immediately the fault of the owner/occupier.
To have a valid claim for personal injury after a gym accident, you need to be able to prove that:
- At the time of the gym accident, you were owed a duty of care,
- Actions or inactions breached this,
- This led to an accident in which you were injured.
If you would like to chat about liability and eligibility in person, please get in touch with an advisor through one of the contact options above. Or read on for more information.
How Could I Be Injured As A Result Of Faulty Gym Equipment?
There are various types of injuries you could suffer because of faulty gym equipment. Some examples include:
- A penetrating eye wound from a frayed weight cable that snaps and gives way.
- The mechanism on a shoulder press may malfunction, causing your arm and shoulder to be crushed under the weight of the machine.
- Rowing machine cables could snap while in use, causing someone to fall and injure their back.
- Exercise bikes and running machines that are faulty may have settings that you cannot control, causing the user to fall and suffer a torn Achilles tendon.
- When floor surfaces are wet and not attended to, a slip could occur.
The exact circumstances of your injury after a gym machine malfunctioned may be different. However, in order to have a valid gym accident claim, you must be able to prove that the controller of the space is liable for your injury. For precise advice about the strength of your claim, speak to an advisor on the number above.
Personal injury claims need to have proof that those who owed you a duty of care breached it, and this caused you to be injured. With this in mind, the following checklist offers some supporting evidence that might be available to you:
- Any available CCTV that shows the accident clearly.
- A diary of your symptoms, necessary treatments and state of mind.
- Copies of medical records that reveal the extent of your injuries. This can include X-rays, scans and specialist reports.
- Photographs of your injuries and the faulty gym machine that caused them.
- Contact details for any witnesses. This is with a view to getting a statement from them at a later date.
Try to gather as much supporting evidence as possible. For further help with this, please get in touch, and an advisor will be happy to assist. If your claim is valid, a solicitor could step in to help.
If your personal injury claim after a gym accident is successful, your settlement could be comprised of up to two Heads of Loss. The first is general damages, which aim to compensate you for the pain, suffering, and loss of amenity caused.
In order to apply a value to injuries like this, legal professionals might confer with medical evidence and documents such as the Judicial College Guidelines. In this document, award bracket guidelines can be found for a variety of injuries at different levels of severity. They only act as a guide, but we include an excerpt below to illustrate:
Award Bracket Guidelines
|Type of Injury
|(a) Severe Injuries
|Levels almost as severe as complete amputation.
|£96,160 to £130,930
|(a) Severe (i)
|Disruption of the joint, the development of osteoarthritis, gross ligamentous damage.
|£69,730 to £96,210
|(b) Severe Leg Injuries (iii) Serious
|Compound or comminuted fractures which create the need for prolonged treatment.
|£39,200 to £54,830
|(e) Serious Hand Injuries
|The claimant’s hand will have suffered a 50% reduction in capacity.
|£29,000 to £61,910
|(b) Moderate (i)
|Lumbar fractures that cause constant pain and discomfort.
|£27,760 to £38,780
|(b) Moderate (i)
|Although a significant injury, the risk of permanent disability is not major.
|£26,590 to £39,170
|(b) Permanent Disability
|Injuries that cause a level of permanent disability but some degree of use remains.
|£24,500 to £39,170
|(b) Less Severe Injuries
|Impaired function but not significant enough to require major surgery.
|£15,650 to £32,010
|Fractures or tears to ligaments that create mobility and osteoarthritis issues in the future.
|£13,740 to £26,590
|Dislocations, soft tissue injury and nerve damage which causes shoulder and neck pain as well as weakened grip.
|£12,770 to £19,200
Again, each claim will vary according to individual circumstances. So for a more precise idea, speak to an advisor on the number above.
Claiming For Financial Losses After A Gym Accident
The second head of claim is called special damages. This aims to reimburse the person for the financial harm caused by their injuries. So, if you have receipts, paid invoices and other supporting documentation that shows expenses caused by your injuries, these could form part of your claim. For example, you could have:
- Proof of past and future loss of earnings from time off work.
- Receipts for adaptations needed at home or for your car.
- Medical expenses.
- Travel costs such as petrol, parking and public transport fares needed to get to vital appointments.
- Care costs for family, friends or professionals who looked after you.
A solicitor from our panel has direct experience helping people identify and include special damage amounts in their claim. For more information on how they could be in a position to help you, speak to an advisor at the number above.
You may want to work with a solicitor after a gym machine malfunctioned and injured you. However, you might have concerns about costs. If so, at Public Interest Lawyers, we can offer a solution.
We work closely with solicitors who offer a version of a No Win No Fee contract. They may offer their representation under a Conditional Fee Agreement (CFA) which means they don’t ask for payment upfront or request any ongoing fees for their services. In addition to this, they do not ask for payment for their services if the claim does not succeed.
In cases that are successful, the solicitor will subtract a success fee from your settlement. The amount is a percentage that is limited by law to ensure you always benefit first and foremost.
If you are interested in learning more about how a CFA could help you, speak to our advisors. They can assess your eligibility on the spot and potentially connect you with a solicitor from our panel to help. Find out more by:
- Call 0800 408 7825 for a free and no-obligation case check.
- Contact us online.
- Use the live webchat feature bottom right.
Additional guides that may be helpful:
- Read about public accident claim hot spots.
- Do you need to make a public transport accident claim?
- accident in a public place
Some external resources: