Many people who join a gym are looking to regain their former fitness, lose weight and in these challenging times particularly, address their mental health. There are many potentially dangerous pieces of equipment in the gym but who is liable if you have an accident and are injured at a gym?
All-encompassing legislation
When it comes to traditional businesses, the Occupiers’ Liability Act 1957 is an all-encompassing piece of legislation. In basic terms, it places a legal obligation on the business owner to ensure the well-being of not only clients but also employees. In this instance, while the gym owner may not necessarily own the building, they have a legal obligation to undertake this duty of care. There is also a degree of legal responsibility placed upon the shoulders of gym instructors which we will cover in a moment.
Maintenance of gym equipment
The maintenance of equipment within a gym is the responsibility of the business owner, even though they may ask their employees to carry out this task. It is essential that:-
- Gym equipment is examined on a regular basis
- Repairs are carried out as quickly as possible
- Faulty equipment is taken out of service
This is all relatively straightforward but where do you stand if you are injured by equipment which has design faults? While it could be argued that the gym owner should have tested all equipment made available to clients, if it is a design fault then the gym owner may have a case against the manufacturer.
Ultimately, those injured as a consequence of faulty gym equipment would likely pursue the gym owner for compensation and they may seek retribution from the manufacturer. Not straightforward!
A safe environment in which to exercise
It is safe to say that those who run gym businesses have potentially more issues to monitor and problems to resolve than most business owners. One of the legal liabilities within the duty of care is to maintain a safe environment in which to exercise. Some of the more common issues associated with gym accidents include:-
- Faulty flooring
- Spillages which can leave floors slippery and unsafe
- Equipment left in an unsafe position
- Equipment and personal items left on the floor
While the main focus tends to be on the gym area itself, there is still a legal obligation to ensure that changing rooms and other areas of the building are safe.
Introduction to fitness equipment in your gym
We have all been there, the boring look around the gym and the cumbersome demonstrations that gym instructors are made to carry out. Well, these are not boring and these are not cumbersome. These activities are an integral part of the duty of care placed upon not only gym owners but also gym instructors. It is essential that:-
- Gym instructors are qualified to the relevant standard
- All equipment is demonstrated to potential new members
- Each piece of equipment has instructions and safety advice
- Equipment inappropriate for certain individuals is highlighted
- Advice and guidance is available at all times
While many of us will often dismiss the tour of the gym, this is a legal obligation that must be carried out for all new members. It is also essential that gym instructors are on the floor to monitor the use of the equipment and intervene where appropriate. This may involve making the exercise area safe, correcting the way in which equipment is being used or advising whether that equipment is appropriate for the individual. Some pieces of gym equipment are only appropriate for those with a certain level of experience.
Proving negligence against a gym operator
In order to pursue a personal injury claim against a gym, it is important that you prove negligence beyond all reasonable doubt. As we touched on above, this revolves around the need to prove that the gym operator failed to undertake their legal duty of care towards employees or clients. Negligence can take many forms with some of the more common listed below:-
- Inefficient/inappropriate training of gym staff
- Failure to maintain gym equipment
- Unsafe environments such as slippery floors
- Lack of gym instructors monitoring members’ use of equipment
- Failure to undertake an appropriate introductory tour
There are numerous cases where gym members have perhaps failed to heed the gym instructor’s advice/guidance and instructions on individual machines. This can often lead to potentially serious injuries with many victims automatically assuming the gym operator had no case to answer. This may not be the case.
Shared negligence for gym injuries
Whether or not you abided by advice, guidance and instructions, could in certain cases be offset by a lack of assistance from the gym operator and gym instructors. If for example you joined the gym and suggested you were familiar with many of the pieces of equipment and were not given the obligatory tour, this could be problematic.
On one hand, yes, you led the gym to believe you had the experience of using particular equipment but on the other, the gym operator failed to fulfil an important obligation. In this instance, in the event of injuries received as a consequence of misuse of the equipment it may be deemed as shared negligence. This is why gym operators should always insist on an introductory tour.
Conclusion
If you have been injured as a consequence of negligence by a gym operator, you may be able to claim compensation. It is important to make a note of how and when the accident occurred and why you believe that the gym operator may be liable. There are huge legal responsibilities on gym operators but members are also obliged to follow guidance from gym instructors and specific equipment instructions.
A mix of common sense together with guidance and assistance from gym operators/instructors should make the gym as safe a place as possible.
