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I sustained a serious injury while working out at my gym. Is the gym liable?

Gym injuries are common, especially minor sprains and pulled muscles. If your own carelessness contributed to the incident, the gym may not be liable. However, when malfunctioning equipment or employee negligence causes an injury, you may have a personal injury case.

Gyms are responsible for maintaining a reasonably safe workout environment. The gym should clean equipment regularly and maintain it properly. If you sustain an injury by slipping on a wet floor, by improperly kept equipment, or by catching a serious illness, such as a staph infection, from unsanitary equipment, then the gym may be liable to you for that injury.

Equipment manufacturers and other gym-goers can also be liable for your injuries. If someone else intentionally or carelessly injures you at the gym (for example, a free weight user drops a weight, and it hits you), they may be responsible for any injuries you sustain. Similarly, if you sustain an injury due to a faulty or improperly documented workout machine, you may have a case against the equipment manufacturer.

When joining a gym, it’s important to read the liability waiver and ask questions. While many gym members think that a liability waiver means they cannot pursue legal action against a gym, that is not always true. While a liability waiver may prevent you from taking specific actions, it does not fully protect gyms from personal injury liability.

Depending on the incident, you may have an opportunity to challenge the validity of a waiver. Keep in mind that no waiver protects a gym establishment from liability for intentional or grossly negligent acts. If you sustain an injury due to no fault of your own while on gym property, consider talking to a personal injury attorney.