After sustaining injuries at the gym, you are likely wondering about your legal right to sue for compensation. Understanding the options available to you is critical after being involved in an accident. To learn more and secure skilled representation, reach out to a York County, PA premises liability attorney today.
Can I Sue a Gym for My Injuries in PA?
Depending on the circumstances of the situation, yes, it is possible to sue a gym in Pennsylvania after sustaining injuries. However, the details surrounding the situation are important, and not every injury will qualify for legal action.
Pennsylvania law imposes premises liability, which is a legal obligation that a property owner has to provide a reasonably safe environment for visitors and guests. Restatement (Second) of Torts § 343 states that a property owner or possessor of land is liable for harm caused to an invited individual if the owner:
- “knows or by the exercise of reasonable care would discover the condition, and should realize it involves unreasonable risk of harm to such invitee,
- should expect that they will not discover or realize the danger, or fail to protect themselves against it, and
- fails to exercise reasonable care to protect them against the danger.”
Essentially, if the gym or its staff acted with negligence or recklessness and their behavior led to your injuries and damages, you may be able to pursue legal action and hold them liable. For example, suppose that there is a leak in the ceiling that has been a problem for several days. The staff should be aware of the issue as there has been ample time to inspect the property, identify the hazard, and rectify it by either repairing the leak, sectioning off the area, or warning guests.
If they fail to take these reasonable steps to prevent an accident and you slip on the wet surface, you can likely hold the gym accountable for the injuries and damages you sustain.
What if I Signed a Waiver?
When you become a member at a gym, one of the first things you generally must do is review and sign a waiver of liability. These waivers are legal documents that state that you acknowledge the risks associated with exercising and using gym facilities and agree not to attempt to hold the business liable for injuries and damages that occur during normal activities.
The main purpose of the waiver is to limit the gym’s liability for injuries sustained by members or guests. If you signed a waiver, you may be concerned that you will not be able to pursue legal action for your damages. However, the validity of this waiver can be challenged.
While the document protects the gym from some lawsuits, it is not foolproof. If the gym or its staff’s negligence or recklessness directly caused or contributed to your injury, you may be able to work around the waiver and hold them accountable for your damages. If the verbiage included in the document is not specific enough or fair, a court can also deem it invalid.
To learn more, reach out to an experienced personal injury attorney today.
