You may be able to sue a gym for your injuries depending on the specific circumstances of the situation. For more information and skilled legal advice, contact a New Jersey premises liability lawyer today.
Can You Sue a Gym for Injuries in NJ?
Yes, if you sustain injuries at the gym, you may be able to sue for damages. It is important to note that the gym is not responsible for all issues. For example, if you did not stretch properly and pulled a muscle or were running and twisted your ankle, you would generally be found responsible for the injury.
However, if the gym was negligent in some way, you may have a valid case. New Jersey implements premises liability law, meaning that businesses, owners, and occupants are responsible for providing lawful guests with a reasonably safe environment free from hazards and risks. In terms of a gym, this can include performing regular inspections and maintenance on machines, cleaning up spills, ensuring there are no tripping hazards, properly training staff, and more.
If the gym fails to comply with these standards, they can be held liable for any resulting damages under Statutes 2A:42A-8.1, which states that the owner, lessee, or occupant of a premises can be held responsible for willful or malicious failure to guard or warn against a dangerous condition, injuries caused by acts of neglgience, and injuries caused by acts of gross negligence.
What About the Waiver?
If you are a member of a gym, you know that joining requires you to sign a waiver of liability. The purpose of the waiver is to inform the individual about the inherent risks associated with exercising and limit the gym’s liability for injuries that occur during normal activities. The document likely includes an assumption of risk, meaning that by signing, you state that you understand the risks of working out, like strains, sprains, or even more serious injuries.
However, it is important to understand that the waiver will not prevent you from filing a lawsuit against the gym if they were responsible for your accident and injury. If the gym or staff’s negligence or other behavior directly contributed to your injury, the waiver may not be enforceable, and you may have a valid claim. Even if the waiver states that the gym is not liable for any injury under any circumstances, courts will not typically uphold that stipulation if there was significant negligence or recklessness involved.
How Can I Prove Negligence?
In order to win your case and secure compensation for your damages, you must prove that the gym was negligent in some way. As the plaintiff, you bear the burden of proving their wrongdoing.
To establish negligence, collect evidence demonstrating the following elements.
- The gym owed you a duty of care
- The gym breached the duty of care
- The breach of duty caused your accident and injury
- You sustained actual damages as a result
To secure skilled legal representation, reach out to an attorney at Rubenstein, Berliner & Shinrod, LLC today.