Would you think its fair if a television fell on you at the gym and you had no legal recourse? That is exactly what happened to one Orange County man. Find out how he was severely injured at a gym while adjusting the television above his elliptical machine and lost his case against the gym in court. Read on to find out more about gym accidents: the hidden dangers.
When we enter a gym, the first step before we are allowed to use the facilities is often to sign a liability release waiver. By doing so, we waive our right to seek compensation from the gym through the legal process should we suffer injuries or property loss or damage. We reason that we will use the gyms fitness equipment responsibly and cautiously. However, by signing that waiver, we may be releasing the gym from more liability than we had anticipated.
Recently, an Orange County man discovered the unfortunate truth about gym accidents: the hidden dangers. Not long after joining a rather expensive gym near the beach, he severely injured his knee. The injury, however, did not occur while he was exercising but, rather, in the moments beforehand. As he approached the elliptical machine he intended to use, he noticed that the overhead television was turned away from him, preventing him from watching the news as he worked out. He reached for the rack supporting the television, only to have the machine suddenly slide toward him. While holding the television in place in an attempt to prevent it from crashing to the floor, the gym accident occurred.
The knee injury had a devastating effect on his life: it was painful and prevented him from walking properly, which, in turn, forced him to take time off from work; as his income ceased, he incurred enormous debts due to medical bills. Since he was not exercising when the accident occurred, he reasoned that the gym was liable for his injuries and consequent monetary losses. He decided to obtain the services of a California injury lawyer.
To his dismay, he lost the case. Had he carefully read the liability release, he would have found that the waiver exempted the gym from responsibility for his injuries and property loss or damage as long as he was on the gyms premises, whether he was using exercise equipment or not. In court he contended that the negligence release must be reasonably related to the purpose of the release, which was fitness. Legally, however, the issue was not whether the particular risk of injury was inherent in the recreational activity to which the release applied, but rather the scope of the release. The release exempted the gym from responsibility because the provision regarding release of liability on the premises was unambiguously written and conspicuous in the document.
All-inclusive liability release waivers are unfair, but gyms frequently use them. While exercise can be quite healthy, we should choose where we perform it carefully. Gyms may be a convenient option, but we should ensure we have proper recourse if injured while using them by taking precautions, such as drawing lines through portions of the release that exempt the gym from any and all negligence and refusing to initial next to such provisions. If the gym insists we sign the release as it is, we should consider looking for another gym. By doing so, we may well just change the marketplace, preventing gyms from forcing us to accept such unfair practices. In the meantime, be cautious of gym accidents: the hidden dangers.