If I’m Injured at the Gym in Boston, Can I File a Personal Injury Lawsuit?
Going to the gym is a great way to meet people, get a sweat on with some friends, and of course, get in a workout that leaves you feeling and looking good.
But going to the gym, and working out in general, does have the potential to lead to injury. From lifting heavy weights that could lead to herniated disk injuries, to the potential of slip and falls in the gym locker room, to being injured as a result of someone else’s reckless behavior, going to the gym does pose some risks.
If you have been injured while at your gym in Boston, you may be wondering whether or not you can file a personal injury lawsuit. You should schedule a free consultation with our law offices to get an answer that is specific to your case, but in general, here’s what you need to know about lawsuits for gym injuries–
What Does Your Waiver Say?
When you first signed up at your gym, you probably signed a waiver of liability. This type of waiver essentially says that if you are injured while at the gym, you cannot sue the gym for damages. However, waivers vary both in their type and their enforceability, so you should have your waiver reviewed by an attorney for a more precise answer.
For example, total waivers of liability, which state that the gym cannot be held liable for anything that happens to you, are often dismissed by a court because they are overly broad. This is also true for waivers of liability for intentional acts, which are often dismissed as unethical.
How Did You Get Injured?
Another thing to consider is how you got injured. If you were injured by doing something that a
reasonable person in a similar situation would understand to have the potential to lead to injury, and did not involve negligence of another party, you probably don’t have a case. For example, you likely won’t have a case if you were injured by:
- Doing too many reps, leading to a muscle tear or repetitive stress injury;
- Lifting something too heavy, leading to a herniated disk injury;
- Attempting an exercise beyond your ability level, such as a a handstand.
A reasonable person knows that the above could be dangerous, and that caution needs to be exercised.
If, on the other hand, you were injured because of the negligence or reckless conduct of the gym or gym employee, you may have a case. Say, for example, that you were using a machine that was broken, and that the gym employees knew was broken and yet failed to repair. If this failure to repair the machine or warn you that is was broken was the cause of your injury, you may have a case.
How Our Boston Personal Injury Attorney Can Help You
If you are injured while working out in Boston and have questions about whether or not you can file a personal injury claim to recover damages, you need to meet with our experienced personal injury attorney at the offices of Tetzel Law, LLC. We will review your case for free and determine whether or not you have a case moving forward. Contact us today to schedule your initial case evaluation.