Gym injuries and your legal rights

Exercise plays an important part in maintaining our physical and mental health and wellbeing. Joining a gym is one of the main ways you can choose to work out and while we can generally expect to be safe when lifting weights or doing a fitness class, accidents and injuries can still occur.

There are various ways you may suffer an injury at the gym including:

1.     using a piece of equipment that is in a state of disrepair or otherwise defective;

2.     incorrectly using a piece of equipment or pushing yourself beyond your own capabilities, for example, attempting to run on the treadmill at a very steep incline and at a pace that is beyond your capabilities causing you to slip and injure yourself;

3.     accidents caused by inattention, for example, falling off the stair machine because you were distracted using your mobile phone and uploading a selfie to your insta page;

4.     during a gym class;

5.     during a personal training session, for example, a personal training pushing you well beyond your physical capabilities;

6.     injury caused by the actions of another gym-goer.

What are my legal rights and entitlements?

If you are injured at the gym you may have the right to pursue a claim to recover compensation for your injuries and the associated financial losses.

Your entitlement to claim compensation will depend on the specific circumstances of your accident, the people involved, and the terms of the membership contract (in particular, the nature and scope of any liability waiver contained in the contract).

Not all accidents will have been caused by the fault or negligence of someone else.

However, if another party was at fault, you may be entitled to make a public liability claim in negligence against the gym as the occupier of the premises, other gym-goers in their personal capacity and/or a personal trainer.

Consumer law protections may also apply as the business of a gym is one that provides services to you as a “consumer” “in trade or commerce”.  Consumer laws provide, for example, that services are to be rendered with due care and skill and be fit for purpose.

Additionally, you may have rights under contract law.

Personal trainers

One of the main roles of a personal trainer is to push clients to help them achieve their fitness goals, however, they still owe a duty of care to take precautions to avoid foreseeable risks of injury, such as ensuring your exercise program is tailored to your individual health and fitness level.

Personal trainers are usually sub-contractors or employees of a gym and therefore it might be necessary for you to consider whether you are able to bring a claim against both the gym and the trainer.

Liability Waivers

When you sign up to a gym you are generally required to enter a membership agreement, which is a contract between you and the gym. The contract might be given to you in person in hard copy, but commonly these days it is issued electronically requiring you to navigate a web-based platform and often lengthy terms and conditions. You may even enter the contract before ever stepping foot in the gym!

Part of this contract will likely include a clause(s) commonly referred to as a ‘liability waiver’. Depending on the nature and scope of the waiver, including the circumstances under which you entered the contract, your right to seek compensation for any injuries may be restricted.

A liability waiver typically requires you to acknowledge an awareness of the inherent risks and agree that the gym won’t be responsible for any injuries that occur while you’re exercising. Whether or not a liability waiver is valid and the extent to which it may impact your rights to recover compensation are complex questions that must be considered on a case-by-case basis.

Importantly, there are protections under consumer law specifically regarding the ability of a service provider to contract out of consumer guarantees. So even if there is a liability waiver in your gym agreement it does not necessarily mean you have no rights and you should seek legal advice specific to your individual circumstances.

Time limits

Strict time limits apply in Queensland for claims relating to personal injuries to:

1.     provide initial notice of your claim; and

2.     commence court proceedings.

You should obtain legal advice regarding time limits applying to your claim without delay to ensure you are fully informed as to what steps need to be taken and when to protect your rights.

For further assistance

If you’ve experienced an injury at the gym and need advice regarding your legal rights and time limits applying to your claim call the team at Southside Legal to arrange an obligation free consultation.