If you are injured while working out at the gym, and you think the gym or your trainer is at fault, you naturally want to seek compensation. However, it is important to know that there are likely some roadblocks in filing a personal injury lawsuit and recovering compensation. One common issue often arises if you sign a waiver of liability with the gym or your personal trainer. This is a fairly standard process, and this form, once signed, protects the gym or personal trainer from being held legally responsible for any injuries that you sustain during a gym session. However, even if you signed a waiver of liability, you may have the opportunity to sue and recover damages. You can learn more about standard waivers of liability here and what to do if you signed one but you want to bring legal action against a gym or trainer.
Common Elements of Waivers of Liability
While every waiver of liability is different and will be unique to a trainer or a gym, there are some common elements found in most of these forms. Some common elements include:
- An indemnity clause. An indemnity clause essentially means that responsibility for liability is transferred from the gym or trainer to the person who is signing the waiver. Essentially, you will be taking on the liability for damage if you sign a general waiver.
- An exculpatory clause. In essence, the exculpatory clause means that you are waiving your right to sue for negligence in the event of an accident or injury.
- Assumption of Risk. There is usually an assumption of risk clause in a waiver of liability. When signing an assumption of risk clause, you acknowledge that there is some inherent risk in what you are about to do, but you are taking the responsibility for that risk and any subsequent issues.
Do You Still Have a Case?
In some cases, even if you have signed a waiver of liability, you could still have a personal injury case. You should have a lawyer review the specific form that you signed. Oftentimes, your ability to sue and the strength of your case will depend on the specific language in the waiver that you signed. In the case of extreme negligence, though, you still will likely be able to sue the establishment or the trainer that you were working with.
It is always best to thoroughly read any contracts or forms that you are asked to sign before you actually sign them. If possible, make sure that you fully understand what you are giving up by signing a contract with your gym or personal trainer. However, in the event that you have already signed something, make sure to reach out to a lawyer to figure out the best way to proceed given your situation. We are happy to guide you in the right direction. Contact our office today and we can set up a free consultation. During the consultation, we can review your waiver of liability and the situation that you find yourself in. We can establish the right plan to help you through this difficult situation.