With the start of a new year, many individuals are making it their resolution to prioritize their physical health. According to a survey, almost 40% of respondents are planning to improve their fitness.
While gyms are a great place to work on your fitness goals, there are risks involved, such as the possibility of injury. If you do sustain an injury while at a gym, you may be wondering who is liable. In Kentucky, premises liability laws dictate that gyms could be held responsible for the injuries suffered on their premises if they failed to provide a safe environment. Let's dive into the details of premises liability and how it applies to gym injuries.
Premises Liability in Kentucky
In Kentucky, premises liability laws hold property owners responsible for ensuring a reasonably safe environment for visitors on their property. If someone is injured due to unsafe conditions on the property, the owner may be liable to the injured party for both economic and non-economic damages, which could include medical bills, lost wages, pain and suffering, and more.
To establish a premises liability claim in Kentucky, the injured person must prove:
- The defendant (gym) owned, leased, occupied, or controlled the property.
- The defendant was negligent in the maintenance or use of the property.
- The injured person was harmed because of the defendant's negligence.
- The harm was a foreseeable consequence of the defendant's negligence.
If you or someone close to you has been injured at a gym, it's important to understand your legal rights and options. Consulting with an experienced premises liability attorney can help you determine whether you have a viable case and how to move forward.
Types of Gym Injuries
When it comes to holding a gym liable for injuries, it can be a tricky situation. Injuries that occur due to a person's own negligence or risky behavior may not be the gym's responsibility.
Injuries a gym may not be responsible for include:
- Muscle strains from lifting too much
- Injuries from improper use of machines
However, there are other types of injuries that gyms could be held liable for when they occur due to gym negligence.
Injuries a gym may be responsible for include:
- Slip and falls
- Injuries from malfunctioning equipment
- Pool accidents
- Injuries due to improperly trained staff
Causes of Gym Injuries
Gyms have the responsibility of ensuring the safety of their members while they workout. Unfortunately, when gym management fails to provide a safe space, customers face the risk of accidents or serious injuries.
Gym injuries can happen from the following:
- Poor equipment maintenance: Damaged or poorly maintained equipment can malfunction and lead to injury.
- Failing to repair gym equipment: If gym equipment malfunctioning, it could pose a risk to users. Gyms have a responsibility repair gym equipment to ensure that users can safely use all available machinery.
- Inadequate supervision: Gyms often offer group classes or personal training sessions. They have a responsibility to ensure that their instructors are qualified and provide safe guidance to clients.
- Failing to maintain safe premises: This includes ensuring floors are clean and free of trip hazards, lockers and showers are in good working order, and lighting is adequate throughout the facility.
Gym Defenses to Liability
Gyms can utilize various methods to protect themselves against liability.
Defenses to avoid liability for injuries sustained on their premises can include:
- Waivers and releases: Many gyms require members to sign a waiver or release form acknowledging the risk of injury and releasing the gym from liability. However, these waivers may not protect the gym from all types of negligence on their part.
- Assumption of risk: Gyms may argue that participating in physical activities has inherent risks, and the injured person knowingly accepted those risks by engaging in exercise at the gym.
- Comparative negligence: The gym may claim that the injured party's own actions or negligence contributed to their injury. For example, if both you and the gym were responsible for your injuries, fault could be distributed between the both of you.
Let Us Help You
When it comes to injuries sustained at a gym, it's important to consider your legal options. Consulting with our experienced premises liability attorney can be invaluable, as we can guide you through the complexities of the legal process.
Our attorney can help determine the validity of your case and work towards pursuing just compensation for any injuries you may have suffered. At Brett H. Oppenheimer, PLLC, we understand the importance of professional legal assistance in premises liability cases and can help you make this process less daunting.
Contact us today at (502) 242-8877 or reach out to us online.