Gym Injury Claims

Going to a gym on a regular basis is something which is known to boost a person’s physical and mental health, helping to fight problems such as high blood pressure, heart conditions, obesity and boosting mobility and overall fitness. But sometimes, a visit to the gym doesn’t come without risk.

A lot of the equipment used in a modern gym features large and heavy components which, if not handled or maintained correctly, could result in injury to the person using them. A lack of supervision by gym staff whilst equipment is in use can also lead to serious injury too.

To find out whether you could claim, you can get in touch with an adviser on 0800 234 6438, or enter your details into one of the call back forms on this page.

The kinds of personal injury you could suffer in a gym range in severity. For example, a simple strain or pulled muscle are common gym injuries that you’re likely recover from quickly with a little rest and aftercare. But sometimes injuries like torn cartilages and ligaments can occur, which can cause long term damage and mean you’re unable to train for months afterwards.

Some examples of serious gym accidents are:

• Heavy free weights being dropped onto the body, such as toes, head or chest
• Poorly maintained equipment such as treadmills and rowing machines causing injuries
• Improper supervision by gym staff whilst equipment is in use
• Tripping on loose equipment that hasn’t been stored correctly

People can also sustain injuries from trying to lift too much weight too soon, or carrying out exercises in an incorrect way – for example, bicep curls, chest presses and squats are among the most common exercises performed wrongly. If this type of injury happens while under the supervision of a gym trainer, they could be liable for any injuries caused.

If you’ve been injured at the gym and feel that the owners of the gym or members of staff were negligent, then you might be able to pursue a claim for compensation.

In short – yes. Whilst you might be particularly prone to injury whilst at the gym, the owners of that gym and it’s staff have a duty of care to minimise the risk of injury to you as much as is reasonably possible. Although there are no laws relating specifically to safety within gyms, they are covered by more general legislation that apply to other types of businesses, that ensure the safety of both visitors and staff.

The Occupiers Liability Act 1957 means the gym owner (as occupier of the premises) is responsible for keeping visitors safe by ensuring the environment and the premises are kept in good and safe condition. For example, this will include:

• Ensuring the equipment is safe to use
• Making sure gym instructors are qualified and trained
• Trip hazards are kept to a minimum

Whilst a gym environment might be considered “high risk”, the Occupiers Liability Act makes sure that the owners of the premises do as much as they can to protect you from injury. This also means that in the event that you are injured and the accident was preventable, then you’re likely to be able to make a compensation claim.

In a gym, it’s not just members who might be at risk of injury. For example, a personal trainer employed by the gym might also be likely to sustain an injury whilst helping others, or when using equipment themselves. The Health and Safety at Work Act 1974 also imposes a legal duty to ensure:

• All equipment is kept in a safe condition
• Floors are kept free from obstructions, water, etc. which could cause slips, trips and falls
• Duty to inform all those using the equipment – whether staff or visitors – how to use the equipment safely

An additional bit of legislation, the Enterprise and Regulatory Reform Act 2013, means that a claim for negligence due to the poor maintenance of equipment now needs what is known as a “higher burden of proof”. This means that your solicitor will have to be able to prove that the gym owners did not maintain equipment properly; whereas before this legislation change, they were responsible even if they had taken the correct steps to ensure your safety.

However, you won’t be able to claim if the injury was your fault – for example, if you ignored a trainer’s clear instructions as to how to use the equipment safely.

The first thing to do in the event of a gym injury is to seek medical help, if you need it. The gym will usually have trained first aiders on site, who will be able to help you – and also take an official record of your accident. This will be important in proving your case if you do wish to claim compensation for your injury.

Unless your injuries were minor, you should also ask if the gym management has reported the incident to the Health and Safety Executive.

If you are okay to return home without going to A&E, try to take photos of any bruising, cuts or any visible damage caused by your accident. This will also be important information to provide a solicitor with if you do claim.

You can make your gym injury claim on a no win no fee basis which means if you don’t win, you don’t have to pay anything towards your legal costs. When you speak to a solicitor, they’ll be able to let you know whether they think your compensation claim following a gym accident will be successful or not. With no win no fee, there aren’t any upfront charges or hidden costs either.

If you do win your case, your personal injury solicitor will charge you a ‘success fee’ as a percentage of the compensation you receive, but this will only take up a maximum of 25% – so you’ll still get to keep most of it. This amount will be agreed between you and your solicitor before you start your claim.