If you have been injured in any kind of gym environment, whether it was a yoga center, a fitness club, or any kind of exercise facility, you may be wondering if you will be able to recover compensation through a Charlotte, North Carolina, personal injury claim. There are many ways that a person can become injured while working out, or even become ill through contact with an unsanitary surface.
Gyms, fitness centers, yoga facilities, and other work out environments are a great place to improve your health, lose weight, gain muscle, and change your life for the better. Yet, they are also filled with hazards that can result in injury. Exercise, with or without a gym or fitness center, can cause various injuries, including strains, sprains, and other issues. Fitness centers and gyms, on the other hand, have machinery that can malfunction or be unhygienic, resulting in injury or illness. When you end up with an injury or illness that is caused by any hazard in any kind of gym or other exercise environment, you might want to file a Carrollton, Georgia, personal injury claim for compensation. This is where things can get pretty complicated because there’s a very good chance that you signed a liability waiver.
What Does the Liability Waiver Say and How Does it Affect Your Personal Injury Claim?
Pretty much every gym or fitness center is going to have you sign a lot of paperwork before they let you join, so you
probably won’t have any option but to sign the liability waiver or to walk away without a membership or permission to be inside. This is also true of any exercise programs or fitness classes that you might want to take part in. They usually don’t make a point of focusing on this particular form, however, and it might even be purposely disguised and hidden between other paperwork concerning the price of membership or the rules of the facility. So, what does the liability waiver say?
Even if you do make a point of paying attention and reading through the whole thing, you might find that it’s long and filled with legal jargon that you don’t understand. And for many people, it doesn’t even occur to them to read through it because nobody ever anticipates an injury. Generally, these liability waivers state, in lengthy and all encompassing terms, that the gym cannot be sued for any injuries that may occur on the site, regardless of what causes the injury. Even so, this doesn’t necessarily prevent all possibility of filing a personal injury claim. It all depends on the exact language used in the liability waiver and what exactly caused your injury. To protect yourself, it’s a good idea to request a copy of all paperwork that you sign before joining, and take the time to review the documents at home. You can even review the documents with a Carrollton, Georgia, personal injury attorney to make sure that you fully understand everything that you have agreed to with your signature. If you want to, you can even request copies of the documents to take home with you before you sign them, to give yourself plenty of time to review and understand them before making a decision. Unfortunately, you probably won’t be able to join any gym, fitness center, or exercise classes if you refuse to sign the liability waiver.
You May Still Have a Valid Carrollton, Georgia, Personal Injury Claim Despite the Liability Waiver
In many cases, it is still possible to file a Carrollton, Georgia, personal injury claim against a gym or fitness center, despite the liability waiver. However, you probably won’t get very far without the guidance and representation of a knowledgeable Carrollton, Georgia, personal injury attorney. By talking to a lawyer, you can find out whether or not there are any exceptions to the waiver that may apply to your situation. For example, if there was egregious negligence on the part of the facility or their staff, then you might still have a claim. Liability waivers can protect a gym or fitness center from liability in many different circumstances, but egregious negligence can be a whole other matter.
For instance, if you sprain your ankle while exercising, you might not be able to file a personal injury claim. But, if you are injured because the equipment was seriously damaged and not repaired, and if it can be proven that the gym staff was aware of the damage or should have been, then this could constitute egregious negligence. The same could be true if you contract an illness from equipment that wasn’t properly cleaned. It all depends on the details of your case and how the injury or illness occurred.
Having said that, there are also some cases where the language of the liability waiver could leave some room to file a Carrollton, Georgia, personal injury claim against the gym or fitness center. It the language is vague, ambiguous, or non-inclusive of all situations, then you just might be successful in your claim. If the waiver does not clearly indicate which rights you are forfeiting, then the waiver may not prevent you from filing a claim. The language of a liability waiver can often be confusing anyway, so it’s very important to talk to a personal injury attorney before assuming that you can’t file a claim.
What to Do When You are Injured in a Carrollton, Georgia, Gym or Fitness Center
The first things that you need to do following a Carrollton, Georgia, gym or fitness center injury include notifying the manager and seeking medical treatment. You do not want to wait to complete either of these tasks. You want to alert someone right away of your injury and immediately seek medical treatment. There should be an incident report to fill out and sign. You can also take photographs of your injury, the hazard that caused it, and any other dangerous conditions that are present. If there are witnesses, it’s wise to collect their contact information. You can ask the gym for their insurance information, but they may refuse to give it to you. That’s okay. You can get that information later, or your Carrollton, Georgia, personal injury attorney can look into this for you.
This brings us to the next step. You should contact the Carrollton, Georgia, personal injury attorneys at the Law Office of John B. Jackson as quickly as possible to get started on your case and get the advice you need. You may have signed away your right to sue with a liability waiver, but you just might still have a case. Call today to schedule your free consultation, and let us help you explore your options.