A study by SaferAmerica estimates 409,224 injuries in the United States each year due to exercise equipment.
If you’re hurt, you may wonder if you can sue a gym for faulty equipment.
Our experienced Gastonia premises liability lawyers at Horton & Mendez, Injury & Car Accident Attorneys explain faulty gym equipment lawsuits.
Can You Sue for Faulty Gym Equipment?
It may be possible to sue for faulty gym equipment. The gym manufacturer may be liable for selling a defective product. Even if you signed a liability waiver, the gym may be liable for failing to warn of hidden dangers relating to the equipment. They may also be liable for gross negligence or recklessness, causing injury.
Whether you can sue for faulty gym equipment may depend on several factors:
- What the defect was
- If the equipment was legally faulty under defective product standards
- How the equipment manufacturer warned of risks or provided instructions for safe use
- What role did the gym play in exposure to the defect
- How long the defect was present
Each case is determined individually.
Common Types of Faulty Gym Equipment Injuries
Types of faulty gym equipment injuries include:
- Lacerations, cuts
- Broken bones
- Amputation
- Concussion, brain injury
- Electric shock
- Dislocation
- Strains and sprains, soft tissue injury
- Neck injuries, nerve damage
- Internal injury, crushing damage
- Torn tendons or ligaments
A person may have a single injury or a combination of injuries.
When a Gym May Be Held Liable for Injuries
There are generally two avenues for compensation for gym injuries due to faulty equipment. The first is when the gym may be held liable.
A gym may be liable for a dangerous condition on its property. Negligently allowing a dangerous condition to exist can make the gym liable. For example, the gym may have continued to allow people to use equipment, despite a previous malfunction. In addition, they may have allowed people to use equipment with a hidden danger. These failures may create liability when an accident occurs.
Negligence waivers
It’s common for a gym to require members to sign a negligence waiver. You may think that if you signed a waiver, you can’t receive compensation for injuries due to faulty equipment. That’s not necessarily the case.
In North Carolina, negligence waivers can be enforced, but the language must be conspicuous and unambiguous.
If the negligence waiver is explicitly written, it can be enforceable for foreseeable risks.
However, North Carolina courts may still impose liability for hidden dangers and hazards. In addition, the gym may be liable for gross negligence, recklessness, and intentional harm.
Product Liability Claims Against Equipment Manufacturers
In addition to the liability of the gym itself, the equipment manufacturer may have liability for faulty equipment. Product liability standards apply.
In North Carolina, product liability can be based on numerous factors:
- Manufacturing defect
- Construction, design, standards
- Processing, assembly
- Testing
- Certifying, warning, instructing
- Marketing, selling, advertising, labeling
A seller may include a retailer, wholesaler, or distributor.
Many states use a strict liability standard for product liability claims. That standard doesn’t apply in North Carolina. (N.C.G.S. § 99B-1.1). Instead, the party seeking compensation must prove negligence.
Negligence may occur in multiple ways. For example, a design flaw may make equipment inherently dangerous and defective. There may be a manufacturing flaw that is specific to a piece of equipment. In addition, the manufacturer may fail to provide adequate instructions for safe use.
Due to the negligence standard used in North Carolina, the injured party must investigate the cause of the defect and the actions of the manufacturer in the production process.
How To Prove Fault in a Gym Equipment Injury Case
To prove fault in a gym equipment injury case, determine what caused the injury. Evaluate legal standards, such as premises liability and product liability. Proving a case will likely involve evaluations, testing, witnesses, gym and manufacturer records, medical records, and information about damages. You may rely on an expert witness to explain the malfunction and a reasonable standard of care.
Causes of gym injuries
Some examples of how gym injuries occur are:
- A cable line snapped, causing weights to fall
- Slippery gripping surfaces, which cause a person to lose control of a weight
- Failing to ground the equipment to prevent electrical shock
- A finger or foot becoming stuck
- Inadequate instructions for use
- Software programming errors on treadmills, ellipticals, stair machines, bicycles, and other cardio equipment, including sudden speed changes and stopping
- Unstable weight racks
- Design that collapses when weights are imbalanced on the machine
When an injury occurs, you may not know the cause right away. Document the accident scene, and contact an attorney as soon as possible to begin building your case.
Potential Damages You Can Recover
Damages you may recover for injuries due to faulty gym equipment should reflect the severity of harm. Compensation may include economic and non-economic losses.
Steps To Take Immediately After a Gym Equipment Injury
When a gym equipment injury occurs:
- Take steps to secure the scene. Beware of the risk of falling objects and electrical shock.
- Call 911 if appropriate. Arrange for the injured person to receive immediate medical attention. Remember, injuries may be more serious than they appear.
- Take photos of the scene where the injury occurred. Take a photo and a panning video of the equipment itself. Disturb the scene as little as possible, except to help the injured person. Take photos of the larger scene.
- Get names and contact information for witnesses. Witnesses may be gym employees or others present.
- Ask the gym to keep surveillance video. An attorney can assist you with sending a demand letter for the preservation of surveillance footage.
- Seek medical care. Follow instructions for healthcare. Stay within restrictions, including limitations on physical activity during healing.
- Document losses, including the cost of medical care and lost income if you’re unable to work.
You have a limited amount of time to claim compensation. Contact a lawyer as soon as possible.
Contact an Experienced Gastonia Premises Liability Lawyer
If you have been hurt because of faulty gym equipment, reach out to Horton & Mendez, Injury & Car Accident Attorneys. You may receive financial compensation. A Gastonia premises liability lawyer can represent you. Contact us now.
