The Consumer Products Safety Commission estimates that more than 50,000 people visit the emergency room each year because of a gym injury. If you’re hurt at the gym, you might wonder if you can seek compensation from the gym for your injuries. A gym might be liable to their members under a legal theory called premises liability.
Premises liability is the concept that a property owner has to keep their property reasonably safe for the people who use it. The amount of care that they have to take depends on the reason that people are on the property. If the owner fails to take enough precautions for their type of property, an injured person can recover for their losses.
In the case of a business owner such as a gym, the owner has the highest standard of care. That’s because they’re inviting customers onto their property for the benefit of the business owner. These customers give money to the gym for the privilege. Under the law, they’re called invitees.
The business owner’s duty is to inspect the premises and discover things that might cause injury. They have an affirmative duty to find problems. When they spot a danger, they must rectify it before it has a chance to hurt others.
There are numerous ways that there might be a danger in the gym. Perhaps there’s a water spot that employees should find and clean up. A member might leave weights out on the floor where another member can trip on them. A towel can fall to the floor in a place where a member might slip and fall. Any of these things can trigger premises liability that allows a member to recover from the gym for their losses. In order to recover compensation, you have to be injured from the dangerous condition — it’s not enough that a dangerous condition exists on the property.
The duty that a gym owner or any business owner has is higher than the duty a person has when they don’t use their property for a commercial use. For example, if you have a friend over for dinner, you don’t have to take time to inspect the property. Rather, you have a reasonable amount of time to find problems and either fix them or notify your guest. A property owner has the least amount of duty to a trespasser. While you can’t set traps for trespassers or leave open and obvious dangers, you have no other duty to keep a property safe for a trespasser.
If you’re hurt with a gym injury, a premises liability lawyer can help you understand the damages that may be available to you. When you suffer an injury, medical bills are just one of the things that you may be compensated for. You may also be able to recover for lost wages. In addition, if you need replacement services while you can’t take care of your house or children, you may be able to recover damages for that too.
If you’ve been hurt, a premises liability or slip and fall lawyer Milwaukee WI relies on can help you evaluate your case and make a plan to maximize your recovery. You have a limited amount of time to pursue your case, so please contact an attorney today.
Thanks to our friends and contributors from Hickey & Turim, S.C. for their insight into personal injury and slip and fall cases.