Being involved in an accident and injuring yourself is never fun, especially somewhere like a gym where there may have been heavy machinery or weights involved. You may be wondering whether you can hold your gym liable for your injuries after an accident. However, the answer is not necessarily straightforward and depends on a variety of factors. For more information and to secure skilled representation during your case, reach out to a Sussex County premises liability lawyer today.

Can I Hold My Gym Liable for My Injuries in NJ?

Yes, if you can establish that the gym or staff were negligent in some way, you may be able to hold them liable for your injuries after being involved in an accident. To do so, you must be able to prove the following elements of negligence:

  • The gym owed you a duty of care.
  • The gym breached that duty.
  • The breach led directly to your injury.
  • You sustained actual damages as a result.

There are many scenarios in which your gym could be found liable for your injuries. Consider the following examples:

  • The machinery and equipment had not been properly inspected or maintained, leading to a malfunction.
  • The gym had unsafe conditions like slippery floors, poor lighting, overcrowding, or tripping hazards.
  • Trainers were not properly trained or acted recklessly while performing their duties.
  • There was inadequate supervision during a group exercise.
  • Emergency protocols were lacking or not followed.

In all of these scenarios, the gym failed to meet a reasonable standard of safety, which is required under premises liability law. Property owners and operators must provide lawful visitors with an environment reasonably safe from hazards and risks. If you can prove their failure to maintain a safe environment, you may be entitled to compensation for your accident.

Waivers of Liability: Do They Prevent You From Suing?

When you joined your gym, chances are you signed a membership agreement that included a waiver of liability. These waivers typically state that the gym is not responsible for injuries you sustain while using the facilities. While such waivers can make pursuing a claim more challenging, they are not always enforceable.

Courts generally uphold waivers for risks that are inherent to working out, such as straining a muscle or dropping a weight due to your own mistake. However, they are much less likely to enforce a waiver if the injury was caused by the gym’s gross negligence, such as failing to repair broken equipment or ignoring clear safety hazards. An experienced attorney can review the language of the waiver and determine whether it truly shields the gym from liability in your situation.

Arbitration Clauses: Another Hurdle

Many gym contracts also include an arbitration clause, which requires members to resolve disputes through private arbitration rather than filing a lawsuit in court. Arbitration can limit your ability to have your case heard before a judge or jury, and often benefits the business more than the individual.

That said, arbitration clauses can sometimes be challenged, especially if they are buried in fine print, written in confusing legal language, or presented in a way that does not give the member a fair chance to understand what they are agreeing to. A skilled lawyer can assess whether the arbitration provision in your membership agreement is enforceable and advise you on your options.

What is Contributory Negligence?

Even if you can prove negligence, you may still face challenges if you were partially at fault. New Jersey follows a comparative negligence rule. This means that if you contributed to the accident and injury, the amount of damages you are entitled to may be reduced proportionally.

For example, if the gym failed to maintain a piece of equipment but you were also using it improperly, both you and the gym could be assigned a percentage of liability. Under NJ Revised Statutes § 2A:15-5.1, any damages you are awarded will be reduced by the percentage of negligence attributed to you.

Protecting Your Right to Recovery

If you were injured at your gym, it is crucial that you secure skilled representation. Waivers of liability and arbitration clauses can complicate your claim, but they do not always prevent you from recovering damages. An experienced premises liability attorney can evaluate your case, challenge unfair contract provisions, and help you pursue the compensation you deserve.

For more information and legal advice, reach out to an attorney at Laddey Clark & Ryan, LLP today.