If you were hurt while working out, you may have sustained significant damages like medical expenses, lost wages, emotional suffering, physical pain, loss of enjoyment of life, and more. You may be able to take legal action against the gym where you sustained your injuries, depending on the details of the situation. For more information and to secure skilled legal advice, reach out to an experienced Bergen County injury lawyer today.
Can You Take Legal Action for Injuries Sustained in a Gym in NJ?
Depending on the circumstances, yes, you can take legal action for injuries sustained in a gym. New Jersey state law imposes what is known as premises liability, meaning that the owner of a property is legally required to provide guests with a reasonably safe environment, free of hazards and risks. If they fail to do so, they can be held responsible for any accidents and injuries that occur due to their negligence.
Premises liability laws are enshrined in NJ Revised Statutes 2A:42A-8.1, which states that an owner, lessee, or occupant of a premises is liable to a person injured on the property for the following reasons.
- Willful or malicious failure to guard or warn against a dangerous condition, use, structure, or activity
- An injury caused by acts of negligence on the part of the owner, lessee, or occupant of the premises to any person where permission to engage in sport or recreational activity on the premises was granted
- An injury caused by acts of gross negligence on the part of the owner, lessee, or occupant of the premises
Examples of reasons why you could sue your gym for an injury include a lack of maintenance of equipment, insufficient staff training, poor lighting, slippery floors, tripping hazards, and more.
What if I Signed a Waiver?
Most gym facilities will require you to sign a waiver of liability when joining. This waiver acts as an assumption of risk, meaning that it ensures you understand the inherent risks of exercising, such as sprained ligaments or strained muscles. It limits the gym’s liability for injuries that occur as a natural result of exercise and protects them from lawsuits. However, it is important to note that it does not protect them from all claims.
Even if you signed a waiver of liability upon joining the gym, you can still take legal action if the company acted negligently or recklessly. Waivers that cover excessive negligence or topics outside the scope of normal risk often do not hold up in court. If you can prove that the gym was negligent in some way, you can still successfully file and win a lawsuit for your damages.
To learn more about your legal rights and options after being injured in a gym, reach out to a skillful personal injury attorney today.
