Are you seeking personal injury compensation after being injured at the gym? This guide details who can start gym injury claims and what compensation can cover. We’ll explore some of the gym accidents you could claim for, even if you signed a waiver.
Those who own and run public and private gyms have legal responsibilities to visitors and users. If they fail to apply the essential health and safety precautions and you’re harmed as a result, we look at the evidence you could use to begin a legal action. We also explain the time limits involved in commencing your claim.
You might be considering seeking legal help. We focus on the many bonuses of working with a solicitor from our panel. You could launch a compensation claim using a No Win No Fee agreement which means no cost to you until the outcome of the claim is known.
Read on to learn more, or why not discuss your potential claim now?
- Call on 0333 000 0729 to discuss gym injury claims.
- See if you can start a claim online by submitting your details here.
- Ask a question in the discussion box below.
Go To A Part Of Our Gym Injury Claims Guide
- Am I Eligible To Make A Gym Injury Claim?
- How Much Compensation For Gym Injury Claims?
- Types Of Gym Accidents You Can Claim For
- I Signed A Waiver Or Disclaimer – Could I Still Claim?
- Common Injuries That Result From Gym Accidents
- How To Make Gym Injury Claims
- How Our Panel Of Solicitors Can Support Your Claim
- More Information
Am I Eligible To Make A Gym Injury Claim?
To understand whether you’re eligible to begin a gym injury compensation claim, there are three questions to ask:
- Was I owed a duty of care by the gym/instructor?
- Did a breach happen?
- Can I show my injuries were a direct repercussion of this?
Any company or local authority that runs a service for the public has a duty of care to them as stated under the Occupiers’ Liability Act 1957. This law places an obligation on those in control to implement whatever steps are reasonable and proportionate to prevent the general public from being harmed whilst using their services and facilities as legally intended.
You may feel certain that those in charge of the gym failed to meet their duty of care obligation, and that led to your injury. If so, connect with our advisors to get a free assessment of your claim. If valid, they could connect you with a gym injury claims solicitor from our panel.
How Much Compensation For Gym Injury Claims?
Compensation amounts paid out in successful personal injury claims always vary. There isn’t an ‘average’ compensation amount, but there is a process that solicitors can follow to calculate an amount of damage,s which we look at next:
How Gym Injury Compensation Claims Are Calculated
Those involved in calculating personal injury compensation claims look at two types or ‘heads’ of loss called general and special damages. General damages set a monetary value for the physical pain and psychological damage experienced. It might also affix an amount for the general impact on a person’s quality of life and whether a permanent disability was created.
To help, medical evidence can be used that details the injuries. Also, publications like the Judicial College Guidelines are consulted. In here, suggested award brackets are listed for various types of injuries based on how serious or severe they are.
We provide an excerpt below, but the first line is not taken from the JCG. Also, these figures are only guidelines.
Compensation Guidelines
| INJURY | SEVERITY | AWARD BRACKETS | NOTES |
|---|---|---|---|
| Multiple types of serious injury and special damages. | Serious | Up to £1 million plus. | Typically, awards of this size would reflect more than one type of serious injury and special damages for care costs and lost earnings. |
| Head | (c) Moderate (ii) | £110,720 up to £183,190 | Moderate to modest deficit of intellect and job prospects greatly reduced or removed completely. |
| Neck | (a) Severe (iii) | £55,500 up to £68,330 | Dislocations, fractures, torn ligaments and soft tissue injuries significant enough to leave permanent disability. |
| Back | (a) Severe (iii) | £47,320 up to £85,100 | Lesions and fractures of discs, as well as soft tissue and vertebral body damage leading to chronic conditions (despite treatment). |
| Leg (Severe) | (iv) Moderate | £33,880 up to £47,840 | Multiple or complicated fractures as well as crush-type injuries, typically affecting one limb. |
| Wrist | (b) Significant | £29,900 up to £47,810 | Injuries significant enough to cause permanent disability but with a level of remaining use in the joint. |
| Arm | (c) Less Severe | £23,430 up to £47,810 | Despite an initially significant disability, a good recovery takes place (or is anticipated). |
| Knees | (b) Moderate (i) | £18,110 up to £31,960 | Torn cartilage and dislocations that cause instability to a minor level with weakness or wasting. |
| Shoulders | (b) Serious | £15,580 up to £23,430 | Dislocations and brachial plexus damage causing pain, aching, weakness of grip and restricted movement. |
| Elbow | (c) Moderate to minor | Up to £15,370 | Simple fractures and lacerations that create no permanent disability or damage. |
Special Damages And Your Claim
Financial harm is dealt with under the second head of loss called special damages. Here the claimant has the opportunity to present evidence of the financial loss or expense caused by their injuries, such as:
- Wage slips that prove a loss of earnings because of injury.
- Proof of amounts paid out for domestic support (cooking, cleaning and shopping).
- Tickets or receipts for travel costs to hospital and specialist appointments.
- Evidence of private medical treatment costs, like scar treatment or rehabilitation.
- Proof of the cost of damage to personal items (eyewear, clothing or mobile phone).
- Statements and estimates for the cost of making essential adaptations to the home or vehicle to deal with a new disability.
If you choose to work alongside a solicitor from our panel, they can go through your evidence with you. Their expertise can determine future costs that you might be faced with as well. For expert guidance with your compensation calculation, talk to us first.
Types Of Gym Accidents You Can Claim For
Whatever the activity, whether it’s an hour on the treadmill or after-work soccer on the pitch, there are elements of risk to everything. But we now explore some example accident types where negligence could form the basis of gym injury claims:
- Slips and falls: These can occur in swimming and sauna areas, changing rooms or any area of the gym prone to wet and slippery floors. Without the correct warning signs and cleaning procedures, a gym member could slip on a wet floor and suffer serious cuts and bruises.
- Defective gym equipment: A host of sprains, strains and fractures could occur if the gym equipment is not regularly checked and maintained for safety. For instance, a faulty treadmill could throw a user over, and broken weight machines can increase the risk of torn ligaments.
- Poor instruction: Without the correct instruction from trained gym personnel, a user may experience injury from misuse of the equipment or over-exertion. Staff need to be alert to individual limitations when giving fitness advice and tailor the workout for their customers with safety in mind. This includes advising of the risks that come with certain activities.
- Lack of supervision: It’s important to monitor areas like swimming pools, climbing walls, or group activities to ensure safety. Lack of supervision can create injuries or allow a delayed response after one has happened.
- Poor hygiene and maintenance: Unclean or shabby facilities can give rise to a risk of infection, especially in communal showers, pools and saunas.
- Lack of safety measures: Gyms should have anti-slip mats and crash pads wherever they are needed, as well as adequate easy access to first aid equipment.
- Faulty premises: The gym building itself should be in good repair, as loose tiles, broken or worn facilities, and poor lighting can create slips, trips, falls or other injuries.
I Signed A Waiver Or Disclaimer – Could I Still Claim?
Many gyms require new and existing members to sign a waiver or disclaimer before using their facilities. This may lead you to believe you haven’t got grounds to seek compensation against a gym after an accident. This is not always the case.
Under the Unfair Contract Terms Act 1977, companies are not exempt from valid claims of injury caused by their negligence. If you can demonstrate that you meet the three criteria we looked at above and prove that a breach of care duty resulted in causing or contributing to your injuries, a claim could still be made. Call our advisors for free personalised guidance on this.
Common Injuries That Result From Gym Accidents
Here are some common gym accident injuries:
- Cuts and bruises.
- Concussion.
- Slipped (herniated) discs and back damage.
- Torn and ruptured ligaments.
- Sprains and strains.
- Dislocations and fractures.
- Penetrating and crush injury wounds to the limbs and torso.
- Infection from cuts on unclean equipment or surfaces.
You might suffer a combination of injuries as well. Speak to our advisors about multiple gym injury claims.
How To Make Gym Injury Claims
We now look at some key aspects of the personal injury claims process to be aware of, namely the importance of evidence, time limits and working with a solicitor:
Your Evidence – CCTV, Medical Records And More
Collect together as much proof as possible that the gym owners breached their duty of care to your safety. This can be CCTV, photos of injuries or witness contact details from others who witnessed what happened. A solicitor could gather statements that support your side or events from these people. Also, take photos of the gym equipment or area where the accident occurred.
Copies of medical records are also a useful way to prove harm. This might be X-rays and scans or copies of GP and A&E admission notes. Premises are supposed to retain an accident book as well, so a copy of this could be useful evidence.
How Long Do You Have To Start Your Claim?
The Limitation Act 1980 states that personal injury compensation claims must be submitted within three years of the injury. However, time limits can be adjusted for minors because they cannot start a claim themselves. Instead, they have three years to claim to start from their 18th birthday.
Also, no time limit applies to those lacking mental capacity. Instead, the three-year limit commences from any date upon which their mental capacity returns.
Both groups can have a claim begun for them if the courts allocate a litigation friend. Normally, this is a family member who carries out the tasks of the claim. If you’d like to discuss time limits and litigation friends in detail, reach out to the team.
No Win No Fee Agreements And What They Mean For You
You might think it’s best to manage your own gym injury claim because of the cost of seeking legal help. This isn’t necessarily the case, as the solicitors on our panel could offer their services without having to pay solicitor fees upfront.
They provide eligible claimants with a type of No Win No Fee contract called a Conditional Fee Agreement (CFA). When you appoint a solicitor under these terms, you enjoy the following:
- No request for initial solicitors fees.
- No solicitors fees for work carried out going forward.
- No solicitors fees for finished work if the personal injury claim fails.
- A small payment applies for claims that win. A percentage of the compensation, called a success fee, is deducted at the end.
- You can agree on the amount at the start of the claim and it’s also subject to a legal restriction. This guarantees that you receive the majority of the compensation awarded to you.
A solicitor from our panel could extend these benefits to you in your personal injury claim against a gym. Call our advisory team now to discuss how you could claim gym injury compensation via a No Win No Fee agreement.
How Long Personal Injury Claims Can Take
Once a personal injury claim has started, there is no standard deadline for it to finish. Often, it might depend on:
- If the defendant or their insurers are arguing their liability for your injuries or making unreasonable settlement offers.
- The complexity of your injuries and predicted recovery or treatment.
- The workload of the court hearing the claim.
These potential obstacles are where an expert solicitor from our panel can really help. They have the knowledge to deal with issues that come up and understand the importance of getting compensation to the person who needs it as promptly as possible. They could act for you, so call to learn more.
How Our Panel Of Solicitors Can Support Your Claim
Navigating delays in a claim is just one way a solicitor from our panel can help. If they’re able to accept your case, you can expect an array of other excellent legal services:
- They will use all the available evidence to calculate exactly what compensation you’re owed.
- Solicitors provide free legal advice throughout the gym injury claims process.
- They will collect evidence alongside you, such as witness statements and medical reports from specialists.
- You will receive regular communication about the status of your claim.
- Solicitors handle all communication with the gym owner or their insurance company.
- You can concentrate on getting well in the knowledge that your solicitors are striving hard behind the scenes to get you the best result.
Allow our advisors to assess your potential claim in depth. If they find you’ve got strong grounds to proceed, and you decide to go ahead with our services, they could connect you to outstanding legal representation today:
- Call on 0333 000 0729 to discuss gym or leisure centre accidents that were someone else’s fault.
- See if you can start a claim online by submitting your details here.
- Ask a question in the discussion box below.
More Information
As well as information on gym injury claims, these links will take you to other articles on related topics to help:
- Here, we look at public liability claims in depth.
- Also, compensation for slip, trip and fall injury claims.
- As well as this, there’s more information on duty of care obligations.
Additional information:
- This explains how to check your symptoms.
- Here, you can read when to call 999
- Lastly, health and safety standards for leisure activities are detailed here.
In conclusion, thank you for your interest in our guide on gym injury claims. For further help and free guidance after a personal injury claim at the gym, connect with the team.
