Keeping fit in the gym is good for both the body and the mind, and around 10 million people in the UK currently hold a gym membership, according to recent research. But a gym, with its weighty specialist equipment and their plethora of moving parts, is not without its hazards, and gym injuries can and do occur.
Rod Dutton, a Solicitor in the Personal Injury team at HK Law looks at where you stand as a customer.
Accidents can happen because of:
- faulty or poorly maintained equipment;
- hazards being left on the floor, such as free weights or spillages;
- loose or frayed mats; or
- weights being dropped on part of your body such as your head, chest or feet.
Injuries can also occur because of:
- wrong advice given by gym staff on how to use machinery or how to do a workout; or
- inadequate supervision given by gym staff during your exercise sessions.
Gym owners and all gym staff have a duty to take reasonable care to keep you safe. If they breach this duty and you are injured as a result you might have a valid claim for compensation.
This duty of care would include the gym staff making sure that:
- all the equipment is checked on a regular basis to ensure it is fit for purpose;
- regular risk assessments are carried out to ensure threats to your safety are minimised;
- all staff are properly trained and qualified so they can provide you with the right advice and supervision;
- each new member fills out a health questionnaire;
- the gym floor space is clear of hazards;
- you know how to use the equipment, through tuition or suitable signage;
- appropriate dress code policies are introduced and followed.
You can help your personal injury lawyer to strengthen your claim by collating evidence at the time of your accident and afterwards. This could include: photographs of the accident scene and your injuries; a copy of your entry in the accident log book; any available CCTV; details of medical treatment you have received; contact details of any witnesses to the accident; a written account of the impact this accident has had on you; a list of all the expenditure you have had to make as a result of your injuries; and details of any loss of earnings.
You have three years under the Limitation Act 1980 from the date of your accident to bring a claim for compensation in the courts. However, if you have an accident and believe that the gym is at fault you should not delay.
In addition, if you do not appreciate the extent of your injuries for some time and all the usual forms of evidence are not readily available, your personal injury lawyer will refer you to a medical expert who will assess the cause of your injuries and the effect they have had on your life. The expert will then produce a report which will help in assessing your case.
If you have been injured while at your gym and it was not your fault and you would like to claim compensation, you should get in touch with us as soon as possible after your accident. Evidence is easier to come if there is a prompt investigation. The events leading up to the accident will still be fresh in your mind and in the minds of everyone else involved.
Your lawyer will quickly assess whether you have a valid case and if you do, will take on all the stress involved in bringing your claim. They will fill out all the necessary paperwork, help you gather evidence and ensure you get all the rehabilitation you need.
Once all the available evidence is gathered, your solicitor will present this to the other party to try to negotiate a fair out-of-court settlement.
If the other side denies responsibility, or your case is particularly complicated or of high value, your case may have to go to court. Your lawyer will be with you, offering advice and representation, every step of the way.
For further information, please contact Rod Dutton, a Solicitor in the Personal Injury team on 01305 252 560 or ">email.
HK Law has offices in Blandford, Bournemouth, Crewkerne, Dorchester, Parkstone, Poole, Wareham, and Swanage.
With around 100 members any business in Dorset with less than 30 employees can join Dorchester Chamber for business for £60p/a (no VAT).
