In recent years, the number of people joining gyms and health clubs has risen dramatically. Along with this increase in patronization has come a growing number of personal injuries to their users, whether from the condition of the premises or equipment, the quality of instruction or supervision provided by personnel of the establishment, or the inexperience or poor physical condition of the user himself.
Injuries Caused By Defects In The Premises
It has been uniformly recognized that, as with any business establishment, the proprietor of a health club or spa owes its members a duty of reasonable care to inspect the premises in order to discover dangerous conditions and to correct such conditions or warn people of the danger. One of the most common sources of injury on the premises of a health club or similar establishment is the slippery condition of a floor or step. Factors in determining liability include:
- the nature and use of the area in which the surface is located
- the patron's knowledge or ignorance of its condition, and
- the proprietor's acts or omissions in creating, or attempting to remedy, the condition.
Injuries Caused By Defects In The Equipment
Another potential source of injury to a health club patron is the defective condition of exercise or similar equipment. A lawsuit for defects in the equipment also includes negligent instruction or supervision in the use of the equipment or performance of certain exercises. Whether a duty to supervise exists, and the extent of supervision required, depends on the circumstances of each case. Factors frequently considered in making these determinations are the age, intelligence, and experience of the plaintiff.
Should I Contact An Attorney If I Have Been Injured In A Health Club?
Health club membership contracts often contain written disclaimers or releases which say that you assume the risk of any injury. Only a personal injury attorney can explain your rights and determine if you can recover damages for your injuries.