Is my gym liable for my personal injury?

Question

Recently I was working out at the gym at my apartment when a piece of their equipment malfunctioned, due to lack of maintenance, and broke my two front teeth. These teeth cost me $4000 in dental work and lost time at work. The apartment acknowledges it was their fault (there was a camera in the gym and lots of pictures taken) but is trying to avoid reimbursing me for my dental work and lost time. They claim they are not liable because I signed a waiver saying that I work out at my own risk. My gym manager at my local community gym says this is false. That this only applies to you hurting yourself at your own doing. But if I am hurt because they failed to maintain their equipment, then they are at fault. Can I sue for my dental damages and lost work time?

Eugene Critchett · Answer

Based on the information you provided, I would recommend calling an attorney to discuss your options.  While certain disclaimers can limit a person's ability to recover for some injuries, the disclaimer you discussed may not be applicable to your injury.                   If you need any additional information, please feel free to send me an email. I wish you the best of luck with your case.  Thank you.

Lawrence Ramunno · Answer

You can sue but maybe there is med-pay coverage that avoids the issue  of liability and the waiver.

Theodore W. Robinson · Answer

He's correct. A waiver doesn't give them an excuse for not maintaining their  own equipment and they are liable if that's what caused your injury  and expenses. Consult a local negligence or personal injury attorney. Good luck.

Sam Louis Levine · Answer

What a bad situation.  I am so sorry that this happened.  I would recommend that you at least speak with an attorney.  There should be no charge.  I wish you the best of luck & take care!

Barry Rabovsky · Answer

You may have a case, based upon the information that you have supplied.  We would be happy to provide you with a free consultation if you call my office at either of the numbers listed below.  If my office accepts your case, there is no fee charged unless we are able to obtain a settlement for you.

Earl Straight · Answer

I think your gym manager hit the nail on the head, they cant escape their own liability by use of a waiver.  You have every right to pursue your claim, including filing a lawsuit if necessary.  They may contest that the equipment malfunctioned due to a lack of maintenance or any other reason for which they are liable, but that is a fact question for a judge or jury.

Paul Whitfield · Answer

Failure of proper maintenance is a basis for liability of course. You say they admitted it. curious they would admit such a thing. Do you have it in writing. Do you have an expert to testify about lack of maintenance? Careful with waivers. Careful what you sign. I don't know what you signed. You can be liable for what is called contributory negligence if you did anything carelessly or negligently (basically the same word) yourself. So sue the you-know-whats. Ask for your medical /dental bills, your wage loss and ask for $25000 or so for pain and suffering. Your personal injury lawyer will know what to do. Follow his adv ice.

Mark Leonardo · Answer

Without seeing the waiver you signed it is difficult to advise whether you have a claim or not.  Contact an attorney that provides free consultation to show a copy of the waiver, your photos and the medical/dental bills.

Daniel Hoarfrost · Answer

It seems to me that a failure to maintain their gym equipment would be considered negligent, so you should be able to sue them for whatever damages resulted from the injury.If you're suing a landlord, you are probably restricted to the one-year landlord-tenant statute of limitations.It sounds like your injury is fairly recent, so that shouldn't be a problem, but it's a factor you should keep in mind.

William Allen · Answer

Yes you can.  Malfunctioning equipment is not released when you sign that waiver.

David Stoddard · Answer

Yes, I believe you can sue. Releases like the one you signed do not protect them from liability for their negligence.  I would ask for the contact information from their insurance carrier.

David Aronberg · Answer

Yes it is possible for you to have a case. What exactly went wrong with the equipment? Have you been in touch with your apartment complex? With their insurance company?  You may want to talk to a lawyer PRIOR to talking to insurance company.  Feel free to call me or email me.

Howard Collins · Answer

Assume Oregon law applies:  A waiver does not apply to the negligence, so if the landlord was negligent in maintaining the equipment, then you may have a cause of action for your damages, medical/dental costs, lost wages and pain and suffering.  The value of this lawsuit will depend on the evidence that you refer to as showing the negligent maintenance.

Russell West · Answer

If there was a malfunction of the equipment due to lack of proper maintenance then you should have a claim.  There should be premise liability insurance on the building which would cover an injury such as this.  You should be able to collect medical bills, lost wages, and some pain and suffering.

James Kelaher · Answer

Yes, you sure can. I would ask them for their liability insurance information, and you may be able to get reimbursed by their liability insurer without involving a lawyer.

Francis Paul Hajek · Answer

You have presented a complicated personal injury fact scenario.  It would be helpful to know where the accident happened as different states have different laws concerning these types of accidents.  Virginia still adheres to the law of contributory negligence and this can be a problem in a case of this type.  Of course, you can make a claim for your dental work and lost time, but more facts are needed to figure out liability issues.  The waiver issue probably does not affect your claim as there is a responsibility to provide safe equipment.  Of course, this assumes that the defect was not obvious and open.

Russell Gray · Answer

You might have signed a waiver.  However, the specific terms of the waiver would determine what your rights would be.  You need to have the waiver examined by an attorney to determine if you in fact gave up your right to sue.  Also, an attorney would help you present your claim the best way, to maximize your recovery.

Josh Lamborn · Answer

Whether the waiver is valid will depend on the facts of your case and the language in the waiver.  You have a serious case and should consult an attorney that specializes in personal injury.  I suspect that after an attorney contacts the gym and/or their insurance carrier they will be changing their tune.  At this point they are probably trying to brush you off to see if you will just go away without a fight.

Timothy Klisz · Answer

You can. This shows how insurance companies will misrepresent the law to a claimant, hoping they will just go away.

Travis Prestwich · Answer

Yes.  You cannot waive claims for their negligence in advance.  You still have a claim to pursue.  Because some claims may fall under the Landlord-Tenant Act, it is critical that you speak with an attorney as soon as possible due to very short timelines for bringing a claim.

Paul Bovarnick · Answer

Under the facts you have given, yes, you probably have a viable claim against your landlord.  Generally, waivers like the one you describe do not waive liability for a landlord's own negligence.

Find a Lawyer

Ask a Lawyer

Read Legal Articles

Ask a Lawyer

Read Legal Articles

Is my gym liable for my personal injury?

21 ANSWERS

Find Local Personal Injury Lawyers

Helpful Resources

Ask a Lawyer