September 15, 2017
Personal trainers can be incredibly helpful in a person’s quest to get fit. They can see their client’s potential and push them toward achieving their goals. However, on some rare occasions, a personal trainer might push too hard.
This was the unfortunate reality of Daniel Pop. Pop’s first session with his personal trainer at Snap Fitness Emerald, a gym chain in Australia, resulted in his hospitalization for more than week.
Pop’s symptoms were diagnosed as rhabdomyolysis, which is the rapid breakdown of seriously injured muscle tissue. This issue is severe enough to threaten the kidneys.
Pop filed a lawsuit against the gym and the specific trainer earlier this year for about $200,000 in damages, claiming that the trainer encouraged him to “push through” the workout despite Pop’s significant pain, faintness, and several instances of vomiting.
Injuries in gyms are common. Many gyms require members to sign waivers so that the gym cannot be sued in an instance like this.
However, if you are seriously injured because of a gym’s negligence, an experienced attorney will know how to get you the compensation you deserve.
Prove Actual Negligence
There is a huge difference between an athletic injury and an injury caused by negligence. If you can prove that your injury was caused by the gym’s negligence, you could have grounds to sue no matter what waivers you signed.
The gym has a responsibility to maintain a safe environment. This responsibility includes every aspect of the building. It is important that the machines work properly and the floors are safe. And as seen in the case above, it is important that the trainers they employ are professionals who truly understand the human body and its limits.
Counter Broad Language With Specifics
When writing out the waiver, a gym owner cannot list every possible incident that might occur. Because of this, writers of waivers tend to use extremely broad language.
However, no matter how broad this language can be, it cannot exempt the gym from responsibility for every single type of injury possible.
To counter the broad language of the waiver, make sure your account of your injury is full of sharp, concise details. A clear and honest statement will make it harder for the gym to hide behind a broadly stated waiver.
Challenge It in Court
Believe it or not, you can challenge a waiver in court. If your lawsuit carries all the way to court, and the judge can see anything remotely insufficient about the waiver that you were forced to sign in order to enjoy the gym, then it’s not unusual for the judge to rule in your favor. Just because you signed a waiver does not mean that you signed away your right to compensation in every single circumstance.
If you were injured at a gym, let someone with years of legal experience help you get the compensation that you deserve. Call Hensley Legal Group today for a free consultation, or contact us online.