This guide is written to provide helpful information to people who have had an accident in a public gym and who want to find out if they could be eligible to claim compensation. In order for this guide to be relevant to you, you will have been hurt in an accident which took place in a public gym and for which you were not responsible.
Let us look at some gym injury statistics for the UK. According to Leisure DB there are 7,000 gyms and 9.9 million people across the UK with some form of a gym membership, this is nearly 15% of the UK public. For many people, a visit to the gym is an important part of their efforts to stay healthy and active. With numerous different types of gym-based activities available, it is often seen as a safe and even fun way to get in shape or to stay healthy. However, leisure activities, such as visiting the gym, could potentially expose you to hazards. Gyms may have specialist equipment and heavy weights or weight plates. If a piece of machinery fails or if a user is not correctly instructed in how to use the equipment there is the possibility of serious injury or in the most serious cases even death. As such, it is essential that gyms and their staff follow all applicable health and safety rules. Staff should also be fully trained in how to instruct people in how to exercise or use equipment in a safe way.
For further information on how to claim compensation for an accident at a gym, please read the guide below.
Select A Section
- A Guide To Claiming For An Accident In A Public Gym
- What Is An Accident In A Public Gym?
- Personal Injury Claims Calculator For Accidents In A Public Gym
- Types Of Damages You Could Claim For A Gym Injury
- Common Accidents Which Could Happen In A Public Gym
- Slips And Falls In A Gym
- Accidents And Injuries When Using Weights Or Machinery
- Could I Claim Compensation If My Injury Was Caused By Faulty Machinery?
- Could I Claim Compensation If My Injury Was Caused By Poor Instruction?
- Workplace Accidents In A Public Gym, Could I Claim?
- Who Is Responsible For My Safety?
- Could I Claim Compensation Even If I Signed A Waiver Or Disclaimer?
- No Win No Fee Claims For Accidents In A Public Gym
- How To Begin A Gym Accident Compensation Claim
We have written this guide to provide those who have had an accident in a public gym some of the options available to them and to show how a specialist public interest lawyer could help. We will cover,
- What counts as an accident in a gym for the purpose of this guide.
- How much compensation you could be owed, as well as what you could claim compensation for.
- Examples of accidents or injuries which could happen in a gym.
- What duty of care you are owed by the gym.
- Who should be responsible for your safety when using the gym.
- How a public interest lawyer could help you.
After reading this guide you should have the information necessary to make a more informed decision about what you should do next.
We begin by looking at what an accident in a public gym is in the context of a personal injury claim. Your accident will need to have taken place in the gym and will need to have been caused by another party. This could be the manufacturer of the equipment, the gym itself, or a member of staff who failed to ensure your safety.
Examples of accidents in public gyms could include those caused by equipment failures or faulty equipment and facilities, members of staff providing you with incorrect instruction or advice, inadequate health and safety procedures, slips and falls on the gym’s premises. Under such circumstances, a gym accident injury claim may be made.
If you are claiming compensation for an accident at a gym you could have found this page whilst searching for a gym injury compensation calculator. There are many different types of accident and injury which could happen to someone either using a gym or working there. Each individual type of injury (as well as severity) could be awarded a different amount of compensation. This means that until we have discussed your unique injury with you it is difficult to say what you could be awarded.
We have provided this gym injury compensation calculator to help you to start to get an idea of what you could claim. These examples simply compare different body parts injured and how much they may be due in compensation. You will see there is a lot of difference in how much minor and severe injuries are awarded.
|Injury||Severity||Injury notes||Compensation guidelines|
|Foot||Modest - Amputation of both feet||Various different injuries to the foot or feet from modest to the loss/ amputation of both feet.||From up to £12,050 to up to £176,660|
|Leg||Less serious - severe||This will cover a very wide range of injuries which will require differing levels of treatment and time to recover.||Up to £119,210. Amputations could be awarded more.|
|Hip||Lesser - severe||In the most devastating of cases, injuries to the hips or pelvis could be as affecting as the loss of a limb.||From up to £3,460 - £114,810|
|Back||Minor - severe||May range from damage to the spinal cord and nerve roots down to minor injuries which you could recover from in 3 months.||From up to £2,150 - £141,150|
|Neck||Minor - severe||Various forms and levels of neck injury are covered here. Could happen in conjunction with injuries to the back or to the shoulder.||From up to £2,150 - £130,060|
|Head||Minor head or brain injury||Includes minor levels of injury to the head or the brain.||£1,940 to £11,200|
|Shoulder||Moderate - severe||Excluding minor levels of injury to the shoulder or shoulders. Could extend through the arms or neck/ back.||£6,920 - £42,110|
|Arm||Less severe - severe||Injuries which could result in some level of disability but stopping short of amputations.||£16,830 - £114,810|
|Wrist||Minor - loss of function||Injuries to the wrist which may range from a minor fracture up to the effective loss of function of the wrist.||£3,090 - £52,490|
|Hand||Minor - serious||Various forms of injury to the hand which stop short of the need for amputations.||£800 - £54,280|
A professional public injury lawyer will be able to better assess how much compensation you could be due.
In addition to claiming compensation for your injuries, such as those which we have looked at in the personal injury claims calculator, there could be other forms of damages which you could claim damages for. Factors which could be taken into account are:
- Various expenses such as travel expenses, these could be the costs of getting to a medical appointment or help paying for things in your daily life.
- Lost income and earnings. This could cover and compensate you for income which you either have or will lose.
- The cost of medical treatment which you have already paid for, or which you will pay for in the future.
Next, we look at examples of some of the most common gym injuries that people could sustain and which they may be able to claim compensation for. In part, these examples of gym accident injuries are taken from this study.
- Injuries sustained whilst using free weights – 52.6%.
- Injuries sustained in group exercise classes – 35.9%.
- Crush injuries.
- Slips and falls – 28.5%.
- Awkward landings – 25.8%.
Other ways in which people could be injured whilst using a gym may include accidents in the workplace, those caused by faulty equipment objects striking someone from a height, poor advice, and instruction or general negligence.
People could suffer injuries caused by slips and falls at the gym in a number of different areas. These could include slips and falls in the car park, the entrance way or lobby, the shower or changing room facilities, when using a treadmill or whilst walking around the gym.
Potential hazards which could lead to a slip or a fall at a gym could be misplaced equipment, mats, spilled liquids.
If you were injured at a gym whilst using machinery or free weights you could be able to make a gym injury lawsuit. Many gyms will have a variety of different free weights such as dumbbells, weight plates and exercise machines. If weights or machinery are not well maintained or kept in a good state of repair, people could be injured. This is why gyms have a duty of care to ensure that weights and machinery are well maintained for people to use.
Can I sue a gym if I get hurt? When using a gym people could be injured whilst using either free weights or pieces of equipment, such as exercise machinery. If you were injured due to the facilities, weights or machinery, who is responsible for what happened to you being injured at a gym may be dependant on how the accident happened. If you were injured whilst using facilities which turned out to be faulty you could be able to claim.
The occupier of the premises and the gym (if different parties) have to comply with various articles of health and safety legislation, such as the Occupiers Liability Act and the Health and Safety at Work Act. These acts may or may not be applicable in cases where the victim worked at the gym or was a customer.
If the equipment is faulty, the party responsible could be the gym or it could also be the manufacturer of the gym equipment. If you were injured you could be eligible to claim damages.
When you first sign up to use a gym you should have a member of staff to show you around the gym. This gym induction or introduction should show new users around the gym and its equipment as well as facilities which they may use. People should be shown how to use equipment in a safe way. If you were not shown how to use equipment or were provided with poor instruction and were hurt at the gym as a result, you could be able to make a public place accident claim against the gyms public liability insurance.
You could also be able to make a public injury claim if you were injured after receiving poor instruction from a personal trainer. The trainer also should take account of any injuries which you have when instructing you in how to exercise in a safe way. They must instruct you in how to exercise in a way so that you do not injure yourself. If you were provided with an exercise program or inadequate instruction which caused you to be injured, you could be able to make a gym lawsuit with a personal injury lawyer.
If you work at a gym you have the right to be provided with a safe and secure working environment. Employers have a duty of care to provide you with the right personal protective equipment to be able to carry out your job. They also have a responsibility to ensure that you are properly trained in how to carry out your job. If your employer has provided you with neither the right training nor the right equipment to safely carry out your duties, and if you were injured as result of this, you could be able to claim compensation. This is because it may be able to be shown that the employer was negligent in their duty of care to you as an employee.
According to the 1957 Occupiers Liability Act and the Health and Safety at Work Act, the party occupying a premises legally has a duty of care to ensure the safety of those who work there. They also have a duty of care to ensure the safety of those using the gym and its facilities. This includes the full property of the gym, both inside and outside the gym. In this case, this could be the party occupying the gym, not necessarily the party who owns the gym.
Parties which could bear some responsibility or liability for an accident include the following;
- The occupier of the gym premises. This could be the party operating the gym or even the local authority. They could be responsible for people’s safety and security whilst at the gym.
- An instructor at a gym. Members of staff at a gym, such as gym instructors, could be responsible for providing instructions to gym users. Instructors should have the relevant training and qualifications to ensure users are instructed in a safe way.
- The operator of the gym must ensure that all instructors are fully accredited, trained and have the relevant qualifications.
If any of these parties act in a negligent way you could be able to sue the gym for your accident in a public gym.
If you were injured in a public place, such as a gym, assessing who the liable party was and whether you could claim compensation may not be easy to do. There are instances where the occupier may be at fault and others where a manufacturer of a piece of equipment was at fault. There could also be instances where a member of staff was liable for your accident. Determining liability can depend upon whether the gyms occupier has done all that they could to ensure peoples safety.
To understand who is responsible and where gym injury liability lays, talk to a specialist personal injury lawyer today.
In most cases when new customers register to use a gym they will be asked to sign a waiver or a disclaimer. The purpose of this is, in general, to protect the gym if someone is injured at the gym’s facilities. Some large chain gyms could require new members of the gym to sign several different pieces of paperwork. It is not unreasonable for people to think that this type of agreement or contract absolves gyms from being liable for your injury.
However, such agreements may not always be binding or enforceable. The 1977 Unfair Contract Terms Act means that the operator of the gym cannot be excluded from responsibility for instances of negligence where someone could then be able to make a personal injury claim. To find out if you could file a gym lawsuit, speak to a lawyer.
A no win no fee agreement is a type of agreement used in public liability personal injury claim cases. It is signed between the lawyer and the claimant. It sets out all the terms and conditions through which legal services will be provided to the claimant. It sets out what legal services will be provided and how they will be compensated when the claim is settled. If you do choose to make a claim in this way, there will not be any additional fees or charges to pay. For additional information on how they type of claim works and how to claim within the applicable personal injury claims time limit talk to a specialist lawyer.
The best way to start any public injury claim is to get in contact with an experienced public injury lawyer who has the necessary experience to handle your case. If you do choose to make a claim, you should be aware that in most cases public liability injury claims need to be brought within three years of the accident happening or of you being aware of the injury. There are exceptions to this in some cases, such as those involving children which are handled a little differently.
Personal injury claims for accidents in public places could be complicated to conduct. As such, we do recommend that you seek representation from an experienced public interest and injury lawyer. If you try to claim by yourself, you may find that the defendant does seek legal representation and that without expert help you are not able to claim as much as you could, or at all. By working with a personal injury lawyer, they will help you to get the best possible outcome for your case.
To start a personal injury claim, we recommend that people contact our sponsors at Pro Lawyers Today. You can call them at this number 0800 408 7848 or click their link in the references section below.
There are a variety of other public accident claims which our team could help you to claim compensation for. These guides contain additional information about claiming compensation for an accident in a public place.
ProLawyers could help you to make a personal injury claim for your accident or injury in a Gym. Contact us today.
Public Accident Claims
Have you been injured in a public place? Find out how to make a personal injury claim for how you were harmed in this guide.
Public Transport Accident Claims
In this article, we take a look at how you could claim compensation if you have been hurt whilst using or working for public transport in the UK.
The Occupiers Liability Act
This is the UK Government act which confers a duty of care on the occupier of a property to ensure the safety of those on it.
Health And Safety For Leisure Activities
This page from the Health and Safety Executive looks at how to keep people safe whilst participating in leisure activities, such as guidance on how to prevent an accident in a public gym.