More and more people are getting their workouts through extreme sports clubs or gyms like CrossFit, which is increasingly popular among fans of high-intensity workouts. There is also a high level of risk associated with CrossFit such as overuse of muscles. In fact, there is a current study into the lawsuits filed against CrossFit owners whose members have suffered injuries. But with any workout, if you have suffered an injury as the result of a particular gym or activity, can you file a lawsuit?
Did You Sign a Liability Waiver?
Most gyms require that members sign a release form before joining that usually includes a liability waiver for any injuries that occur at the gym. These waivers are generally enforceable, though there are limitations. A liability waiver cannot excuse the gym from any and all injury that occurs, simply because this is too broad and unforeseeable a statement. Gym waivers seek to waive liability for lawsuits for injuries involving negligence by memorializing the member's assumption of the risk. If you sign a liability waiver you still may be able to recover some damages but you reduce your chances of recovering because of negligence.
In addition to injuries caused by workouts, injuries that may be caused by unsafe conditions in a gym may lead to a lawsuit against the gym's owners or tenants under the theory of premises liability. Premises liability holds the owners or occupiers of property liable for injuries caused by unsafe conditions on their property. If you are injured due to malfunctioning or poorly designed workout equipment you may also have a product liability claim.
If you are injured at a gym call our office so that we can work to find a suitable charge against the gym or equipment manufacturer. You deserve to have your injuries compensated, so let us help you out with your situation.