Most gyms and health clubs make it a point to have their members sign waivers when obtaining memberships in an effort to deter them from filing lawsuits if they are injured due to the facility’s negligence. The Chicago health club injury attorneys of Rosenfeld Injury Lawyers have encountered many victims of gym negligence who felt that they could not pursue the damages they were entitled to because of these waivers. Fortunately for those who have claims, courts have dismissed these waivers in the past when it could be proven that the gyms failed to provide a safe environment for their members.Challenging the Validity of Waivers in Chicago Gym Accident Cases
Most business and private property owners are held liable for injuries that occur on their properties if reasonable measures were not taken to prevent an accident. Gyms and health clubs often use waivers as leverage against members who have legitimate claims. Our Illinois premises liability lawyers have been able to challenge these waivers in the past, however, which means you should consult us before choosing to give up on your claim. The language used in the waiver and the type of injury can both influence the decision of the court to uphold or dismiss the waiver during the trial.
Some of the things that gyms can be held liable for include the following.
- Failure to provide a sanitary environment for gym members. It is the responsibility of health club or gym staff to make sure that all of the equipment as well as the changing and shower areas are kept clean and free of disease. This can be accomplished by having staff monitor the floor and remind members to clean their machines after use and by regularly cleaning communal areas.
- Excessive clutter that results in trip or fall injuries. While gym members themselves may be responsible for leaving weights and other equipment scattered around their workout area, it is still the responsibility of staff members to warn members when they do not return equipment to the location it was taken from.
- Improper maintenance of equipment or machines. It is important that health clubs implement inspection protocols so that potential problems with weight machines, resistance bands and other equipment are kept to a minimum.
- Keeping machines too close together. This can pose numerous hazards, including the possibility that members will injure one another when using machines simultaneously.
- Failure to warn members of hazards. Whether it is a slippery floor or a machine that is out of order, gym staff members are required to post warnings allowing members to avoid the hazards in question.
One of the greatest mistakes our Illinois gym injury lawyers have noticed victims making is the choice not to seek an opinion from an attorney following an accident. As mentioned before, most people think that they are stuck due to the waivers they signed when obtaining their memberships, but it is a good idea to have your case reviewed by an attorney to see if you are able to pursue damages. When you suffer serious injuries such as: broken bones, spinal injuries and trauma to the chest, your medical bills can pile up quickly. It is our belief that those injured due to others’ negligent choices should not be required to cover these costs and will aggressively pursue all avenues available to recover compensation on your behalf.
Contact Rosenfeld Injury Lawyers today to learn more about how our award winning Chicago health club injury attorneys can help you recover the compensation you are entitled to for your injuries. Our consultations are free and our lawyers have all chosen to work on a contingency basis so that we can provide top notch legal services to anyone in need. What that means for you is that you will not be required to pay any legal fees at all if we are unable to secure damages on your behalf.