Some cases can simply not be prevented, but others can and do arise as a result of a gym’s negligence, whether it be the owners, the managers and operators, the staff, or third parties who become involved in the provision, care, maintenance, or manufacturing of the many complex pieces of equipment and machinery in fitness facilities. Unfortunately, preventable hazards and costly mistakes mean more for the injured gym accident victims than anyone else, leaving them to question where to turn for help and what they can do to pursue justice and compensation for their losses. If you or a loved one sustained injuries in a gym facility in New Jersey, reach out to the experienced New Jersey gym injury accident lawyers at Chamlin, Uliano & Walsh for a free review of your case and to discuss how we can assist you with taking the next steps in the legal process.
The more people sign up for gym memberships, the more likely it is that equipment is used more often, and wear and tear can increase the likelihood of malfunctioning. Suppose a person is jogging on a treadmill, and the speed function suddenly accelerates. The user pulls the emergency key to stop, but the key breaks, and the treadmill accelerates further, causing a terrible fall. Frayed weight cables, loose plates, and other defects can also result in significant risks and injuries for gym-goers. Faulty or defective equipment can cause several kinds of injuries. Loose plates on a weight machine can cause crush injuries to fingers and hands.
Meanwhile, motorized machines such as treadmills, ellipticals, and stair machines can have electrical malfunctions, causing sparks or fire and resulting in burns. Exercise machines can also have computer or mechanical failures, stopping suddenly or revving up, causing falls and head injuries. Sprains, bruises, and broken bones can result when these machines are not properly maintained. Broken equipment can result in sharp edges or exposed wires that can cause lacerations.
Pools are also areas of concern due to the many slip-and-fall accidents that occur when the surrounding area and locker rooms are wet. Fractures, dislocations, spinal injuries, and concussions can result when there is a fall onto the cement or tiles. Lack of supervision in the pool area is another source of injury. Damaged diving boards or inexperienced divers may cause an injury that could lead to drowning if there is no one supervising the area.
The burden of proof for a negligence claim falls on the plaintiff, who must prove negligence through a preponderance of the evidence. Four factors must be proven in a negligence case. The first is a duty of care. This means the gym should provide the attention and safety concerns that a reasonable person would expect. Second, the duty of care is breached when the gym cannot meet the required level of care. Next, the breach caused an accident that led to the plaintiff’s injury. This is frequently called the “but for” causation because but for the gym’s actions or failure to act, the injury would not have happened. Lastly, the injured party must have incurred damages due to the incident, such as lost wages, medical bills, or pain and suffering.
If you look around a gym, there are many potential hazards. It is the gym’s responsibility to guarantee the safety of its members. Providing proper maintenance to all machines, checking for loose parts or unsafe sharp corners and exposed screws, as well as cleaning up accidental spills or pools of water, are ways to maintain safety protocols.
When an accident is caused by defective equipment, a product liability claim may be a possibility. If the manufacturer was careless in making the equipment, they could be found liable. If they were aware of a defect and did not correct it, they can also be at fault. Also, failing to warn users or not providing the proper instructions for the equipment’s use can also implicate the manufacturer. A distributor of the equipment could be held liable when they knew of defects or problems with the equipment but sold it anyway. The gym could be in trouble if they failed to inspect, maintain, or repair the equipment and neglected to warn members about the defect.
When an injury occurs due to hazardous conditions on someone else’s property, a premises liability claim can be sought. This type of claim may apply to a gym if an injury results from faulty equipment, poor lighting, wet floors, broken tiles, uneven flooring, or other known hazards. It is the establishment’s responsibility to remove any known dangers or warn about them if they cannot be immediately removed. Regular inspections and equipment maintenance must be done to maintain safe premises and control reasonably foreseeable risks. This requires logical anticipation of common dangers that could arise, such as broken equipment. When filing a premises liability case, careless employees or those who are aware of a problem but don’t act to correct it can also be considered. For example, if a leaky pipe in the locker room has been reported on several occasions and it creates a slippery, wet mess, if someone falls and is injured, the gym could be held responsible.
When an accident happens, it is essential to collect as much evidence as possible. This means taking photos, requesting witness information, requesting an accident report be filed by the gym employees, and keeping medical records. Most gyms use video cameras in their installations. Request the related footage. If they decline, your attorney may submit a subpoena obligating them to provide the recording. Even when you are not seriously injured, you should go to the doctor to get checked out. Some injuries aren’t immediately apparent and could have long-term consequences. It is also vital to keep a list of all related expenses, such as transportation to and from doctor visits or physical therapy.
Our experienced personal injury attorneys have helped many clients like you who have been injured at gyms in Spring Lake, Ocean Grove, Sea Girt, Bradley Beach, Rumson, Fair Haven, Atlantic Highlands, Middletown, Brick, Lakewood, Manchester, Berkeley, Jackson, and throughout Monmouth and Ocean County. We understand the complexities of gym injury claims and work diligently to protect your rights and secure the compensation you deserve. Our attorneys are meticulous investigators. We will visit the scene of the accident, identify the possible hazards, and determine the contributing factors of your accident. We have experts, such as engineers, who can locate defective parts, poor maintenance, or other important factors. Our investigation can determine whether the gym, the distributor, or the manufacturer was at fault for your injuries.
Our experienced attorneys at Chamlin, Uliano & Walsh will gather evidence in the form of surveillance footage, witness statements, and medical specialists to demonstrate the extent of your injuries. We can subpoena maintenance logs, internal communications, and employee statements regarding the gym’s safety. We will be instrumental in negotiating a fair settlement to cover the full extent of your damages. This can include medical expenses, lost and future wages, future care needs, loss of consortium, and pain and suffering. We have a deep understanding of insurance tactics. We will help level the playing field to give you the settlement you deserve.
There are times when the insurance company denies your claim or refuses to offer a fair settlement, in which case we will file a personal injury lawsuit on your behalf. We will ensure your rights are protected throughout the process and pursue a beneficial outcome. Our litigation expertise will support you during each stage of the process. We will maximize your likelihood of a favorable outcome. If you were injured at the gym or have questions regarding a potential fitness center injury claim in New Jersey, call us today at 732-440-3950 for a free consultation or complete our online form to learn more.
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