How Much Compensation For A Gym Accident Claim?
Health and fitness are increasingly important in modern society. Figures released by Sport England have shown that, in 2015 alone, consumer spending on gym memberships rose by 44%. As much a social activity as a health-related venture, visiting a gym might seem like a safe and simple way to spend your time.
But as the popularity of gyms has risen, more people are at risk of accidents resulting in an injury. An accident at the gym can be incredibly painful and incredibly costly. Injuries can range from small afflictions, to life changing health scares, to death. If you have suffered any form of injury, then you might be due compensation.
Finding the right legal recourse following an injury can be difficult. If you believe that the accident was preventable, was not your fault, or was particularly costly, it can be difficult to know what you should do. This guide will lay out your available options and steer you through the process of claiming compensation.
Select a section:
- A guide to gym accident and injury claims.
- Who is responsible for customer safety in a gym?
- Is the gym always at fault in an accident claim?
- Can I sue a gym for faulty equipment?
- What to do if you are involved in an accident at a gym?
- What about disclaimers and waivers?
- How do accidents happen at a gym?
- How to begin a gym injury accident compensation claim.
- What can be claimed for after an accident in a gym?
- How much compensation will I get for an accident in a gym?
- No win no fee gym injury claims.
- Why choose us as your claims service for a gym accident claim?
- Call for free advice and to start a claim.
The purpose of this guide is to provide an explanation of your available options. If you have sustained an injury as a result of an accident in a gym, then this guide will cover the following information:
- The laws which exist to protect you from harm.
- The appropriate steps you need to take in order to file a claim.
- Which costs you can file a claim for, such as hospital visits, house nurses, and overall damages.
- How much you might be compensated.
- Our ‘No Win No Fee’ policy.
Once you have finished reading through this guide, you will be equipped with a better understanding of your rights and your available options. Should you wish to proceed with a claim, we will show you how.
Under the Occupiers Liability Act 1957, the occupier of the premises is responsible for maintaining care of visitors. In this instance, the occupier could be the operator of the gym (whether they are leasing or own the building) and it is their duty to ensure a reasonably safe environment for invited or permitted visitors. Even within the gym itself, there are a number of people who might be relevant to the case. These can include (but are not limited to):
- The occupier – it might be the centre’s management team, who are responsible for the well-being and security of their visitors. This could be a private business or even the local council.
- The gym instructors – staff can be responsible for instructing the visitors of the gym of how certain gym equipment works and the correct methods for use. It is a position for which they must be qualified and receive the right training. If this is not the case, then they might be considered at fault. However, it is considered to be the responsibility of the management team to ensure that their instructors are trained properly and qualified for the position. If any of these individuals (either the management or the gym instructors) showed negligence and, as a result, you sustained an injury, you may have a legitimate claim to be made.
Sustaining an injury while exercising in the gym can be a very complicated issue. Many questions arise as to who is really responsible for your injury. There are certain incidents where the occupier might not be considered to be at fault for your injury. Such situations are usually dependent on whether the occupier has done their utmost to provide a safe environment for patrons.
To give one example, the accident could be considered the fault of the contractor who originally constructed the gym or is performing maintenance work. Likewise, faulty machinery can sometimes be the responsibility of the manufacturer. In both situations, the occupier must strive to ensure that the environment is as safe as possible, but their responsibility can be contingent on independent parties.
As ever in the legal world, providing a definitive answer is difficult. In many situations, the occupier of the gym will indeed be responsible for your well-being but this is not always the case. If you would like to learn more about who might be at fault, speaking to a solicitor can be the best step. This can provide clarity and give you an insight into who is responsible for your injury.
The question of responsibility will largely be dependent on the exact circumstances of the accident. If you have injured yourself due to a broken or faulty piece of equipment and now find yourself wondering “can I sue my gym for the injury?”, then you might have a legitimate claim.
As is the case with many places open to the public, the occupier must comply with laws and regulations. The Health and Safety at Work etc Act 1974 (commonly referred to as the HSW Act) requires that occupiers provide safe conditions in public places. This would include a gym. Typically, the HSW Act deals with matters such as slips, trips, and falls, often relating to the relationship between the employer and the employee. But it is relevant in this case, even when the equipment in question may be at fault.
The occupier of the building will need to have ensured that the equipment and machines that are available to the public are in full working order and comply with health and safety standards under the Occupiers Liability Act 1957. The manufacturer of the equipment has a responsibility to ensure that accidents do not result from errors in manufacture or poor build quality. In either of these situations, you could have a very viable claim for compensation. As long as negligence can be proved, compensation for the injury can be sought.
If you have been involved in an accident at a gym, there are a number of steps you can take in order to ensure that your claim is as strong as possible. After you have received medical treatment for any injuries, then you may want to keep the following tips in mind:
- It can be important not to admit fault when describing the accident. If you are thinking of making a claim, accidentally admitting to have acted in a negligent manner can undermine your case.
- Gather evidence of the immediate surroundings. This can be in the form of photographs of the scene of the accident, which can be used as evidence when making your case.
- As well as the scene of the accident, taking photographs of any faulty equipment can be very useful. The more photographs you have, the better.
- Gather testimonies from witnesses who saw the accident. Wherever possible, get their contact information.
- Get a detailed medical report of the injuries you have sustained. This can include notes from a GP, X-rays, ambulance reports, and so on.
- Make detailed notes about the accident as you remember it. This is best done as soon as possible after the accident took place, when the memory is still fresh in your mind. Remember dates, times, and details. Be as exact as you can.
- If you believe that you have a legitimate claim for compensation, then the best advice is to reach out to a solicitor. They will be able to apply their legal knowledge to the case and guide you through the process.
Though by no means a definitive guide, the above steps can prove especially useful by the time you sit down and talk with a legal expert. Having as much information and evidence as possible can ensure that the claim proceeds in a quick and efficient manner.
As an important aside, one of the most frequent questions we encounter when dealing with injury claims that have taken place in a gym relates to the potential existence of waivers and disclaimers. Some gyms will require members to sign a range of paperwork when applying. These waivers, some believe, absolve the gym from responsibility relating to accidents which cause personal injury.
But these disclaimers and waivers are not always legally binding. Under the Unfair Contract Terms Act of 1977, gym operators who ask members to sign a waiver or a disclaimer cannot be excluded from cases involving negligence when it applies to a personal injury. If you have been told by your gym that they employ such a policy, then contacting a legal representative can help ensure that you are not beholden to disclaimers and waivers which are not legally binding.
For first time visitors to a gym, the range of equipment on offer can seem daunting. Many of the machines are large, imposing, and seemingly complicated. For beginners especially, this can be intimidating. Given the weight, complexity, and myriad other factors relating to the machines and equipment, it should come as no surprise that accidents can and do occur.
This is one of the main reasons why gyms might require new members to embark on an orientation tour. This tour will include an introduction to equipment such as:
- Exercise Bikes
- Rowing Machines
- Stair Climbers
- Weights (Kettlebells, weight plates, bars)
- Weight Machines (For all parts of the body)
- Chin-up bars
Often, the orientation will teach members how to useful this equipment. However, one of the main reasons for accidents happening in the gym relates to misuse, mistakes, and breakages relating to this equipment. As a result, there are a huge number of ways in which you can injure yourself while at the gym due to a limited knowledge of the equipment. This can include (but is not limited to):
- Incorrect use of weights.
- Staff members or instructions being either misunderstood or inaccurate, relating to both the gym equipment and exercises suggested by instructors.
- Defective Gym equipment.
- Loose mats or slippery floors.
- Falling from exercise equipment.
- Overheating in a sauna.
- Objects that fall down and strike you.
By their very design, many of the objects in the gym are designed to be heavy, cumbersome, or to move quickly. This means that – should an accident happen – they can do serious damage.
In filing claims against a gym, there are a number of recommended steps. Your solicitor will need to prove that the gym occupier failed to provide or maintain an environment that was safe for visitors. As such, having a wealth of evidence, a clear version of events, and a desire to bring the matter to a close can be very helpful.
Once you are certain that you wish to make a claim and have gathered together evidence relating to the case, then it is time to seek legal representation. Given the complexity of compensation claims, attempting to handle the matter without legal experience can be very difficult. This is why we offer clients a free consultancy. This can take place over the phone and is a meeting in which we will talk over the case and advise on the best possible way to proceed. In some situations, we can even arrange for a special doctor’s appointment in which we will be able to diagnose the full severity of your injury. As we will see later, this will be very important.
Having talked the matter over, you may wish to proceed and to begin the process of making a claim. The next barrier to overcome is financial. You might find that law firms charge large amounts to represent you. Thankfully, we have an alternative. Our ‘ No Win No Fee’ policy is designed to deal with this exact problem. We’ll discuss it below greater in depth. Once we’ve agreed to move forward with the case, then the next logical question regards exactly what your claim will include.
There are a range of damages and expenses which can form a large part of your claim following an accident in a gym. These include (but are not limited to):
- General damages – this is decided in proportion to the pain and suffering you have had to endure as a result of the accident. It will likely form a large part of the final total.
- Care claim – this includes the costs of those helping you around the house. If you had to hire someone to care for you, a care claim can cover this expense.
- Loss of earnings – this will cover the earnings which you have failed to make as a result of your injury, e.g. wages from a job you might not have been able to perform.
- Travel Expenses – this will cover travel costs you have incurred after the accident, including train fares and taxi fees to and from the hospital.
- Medical Expenses – this can include:
- any prescription drugs you may have had to buy.
- any visits to the doctor which have cost you money.
- any medical equipment required, such as crutches, a wheelchair, medical braces, etc.
- over-the-counter drugs.
This list is by no means exhaustive. It does, however, give you an indication of just how much we can do to recover the costs relating to your injury. At an early juncture, we will begin to establish every way in which the injury has damaged you, your livelihood, or your financial security and claim this money back accordingly.
Depending on the severity of your injury, you or your family members can receive varying amounts of compensation. Though unlikely, it is not unheard of for gym negligence cases to involve death. Should this be the case, it is the family of the victim who will be compensated. Gym accident deaths can be among the most tragic and the most difficult to pursue.
For those who are curious as to the amount of compensation they might receive, we have put together a gym injury compensation calculator. The below table can be used to provide rough estimates for the compensation awarded in certain, specific cases. As you can note, gym accident compensation is typically proportional to the severity of the injury suffered.
|Back Injury||Minor||Up to £9,500
|Back Injury||Moderate||Up to £29,475
|Back Injury||Severe||£29,475 to £122,350
|Leg Injury||Moderate||£21,100 to £29,800
|Leg Injury||Serious||£29,800 to £41,675
|Leg Injury||Severe||£73,150 to £103,250
|Head Injury||Minor||£1,675 to £9,700
|Head Injury||Moderate||£32,725 to £166,500
|Head Injury||Severe||£166,500 to £214,350
|Neck Injury||Minor||Up to £6,000
|Neck Injury||Moderate||£6,000 to £29,250
|Neck Injury||Severe||£34,575 to £112,750
|Hand Injury||Minor||£700 to £3,300
|Hand Injury||Moderate||£4,100 to £10,100
|Hand Injury||Severe||£22,050 to £47,050
|Foot injury||Minor||Up to £10,450
|Foot injury||Moderate||£10,450 to £19,000
|Foot injury||Severe||£31,900 to £53,200
|Paralysis||Full||£246,750 to £307,000
|Paralysis||Partial||£166,500 to £216,000
It should come as no surprise to see such a wide range of potential injuries in the above table. Given the severity of the injuries, even a seemingly innocent gym accident leg press incident can result in paralysis. Furthermore, despite the unlikelihood of brain damage (or even death), gym accident statistics illustrate that they are not impossible. In cases such as these, it is important that you have a doctor properly diagnose the true severity of your injury. This is something we can arrange.
For many people who were injured at gym, the potential cost of filing a claim can be a huge issue. The threat of legal fees can dissuade people from seeking the compensation they deserve. This is particularly worrisome in situations where an injury resulting from a gym-related accident has hindered a person’s earning abilities and endangered their financial security. But there is another option.
One of the best aspects of our business is our ‘No Win No Fee’ agreement. This ensures that there is no need to worry about the up front costs of your claim. We do not require payment until after the resolution of the case and, in the event that the case is not successful, we do not require payment at all. This is also known as a Conditional Fee Agreement or CFA. It’s a great way for people to get great legal assistance without having to worry about financing issues.
We pride ourselves on our integrity and our superb work ethic. It’s part of the reason we have been so successful in helping clients win compensation. But it’s not the only reason. We also offer:
- Extremely dedicated representatives that will fight on your behalf.
- A top legal team with years of experience in the field.
- A demonstrable track record of successful cases.
- A free, no obligation consultation to discuss the options available to you.
- Our ‘No Win No Fee’ agreement which drastically lowers the upfront cost of making a claim.
- An inclusive After the Event (ATE) service which can help cover the costs you incur before compensation is paid.
Picking the right legal team to fight your case is essential. It’s why our clients have been so happy with our work. All you need to do is call us today to find out more.
If you have sustained an injury while at the gym, you a may have the right to compensation. To reach out for a free consultation, you can call 0800 073 8804 and speak with one of our representatives today. If you have a case, we can help you fight for the compensation you deserve. Discuss your options with our team of experts and discover what makes us the best in the business.