Many of us join a gym to get in shape, but the array of specialist equipment and the battery of drills can be quite daunting. The initial period when out of condition bodies meet a heavy exercise machine is a potentially dangerous one and the risk of injury is high. Most gyms will insist on going through a health screening questionnaire and an induction for new members, but not all do and some are not thorough.
If an accident occurs because you have not been properly trained in the use of the gym equipment then you may have a claim against the gym.
Sometimes a piece of gym equipment malfunctions because it has worn out or is missing a part. The gym will be responsible for defects that they knew about or ought to have known about.
Gym instructors may appear to be trained experts. Whilst they should be trained in the use of the equipment in their gym they are unlikely to have any specialist accreditation or professional expertise, and may not be as ‘expert’ as you think. If you suffer an injury whilst under tuition it may be that the instructor has misunderstood your capabilities or failed to give you the proper care and attention.
If you gave been injured in a gym accident it is important to obtain details of any witnesses and if the cause was a faulty machine to take a photograph of the defective part.
Recent case study
Osbornes acted for a young woman who attended a trampolining class at college. On the first session she was not properly trained or supervised. She found herself sharing a trampoline with another, heavier student, so that when he landed it caused her to land prematurely, and awkwardly, so that her knee caught her face and she fractured her jaw. The fracture needed surgical wiring and she was unable to eat solids for the first few weeks. She was left with minor defect in her bite and occasional pain. The college initially denied liability but when presented with further evidence they accepted the claim and a settlement of about £9000 was agreed.
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