Question

Injury at the gym

Asked 16 July 2012 · 9 answers

The question

After running and going to the sauna at my gym, I went to take a shower but I blacked out while under the shower at the same gym, fell and hit my head on the floor. I remember that that day the sauna was extremely hot. However, I couldn't adjust the temperature since it cannot be adjusted by members but only by the gym staff. After falling I was bleeding from my head, therefore "somebody" called the ambulance that took me to the ER. The bill including all the medical expenses from this accident is outrageous and subtracting what my insurance covers from the total bill leaves me around $5000. Should the gym cover these expenses? I'm really concerned about it. Thanks

From the LawyerCentral forum archive. Originally posted 16 July 2012 on a legal forum that has closed. Names and contact details were removed. See the original (Internet Archive).

9 answers

Visitor answer 16 April 2013

After some quick research online ( (removed) ), I found that changing temperatures suddenly - in your case going from the overly-hot sauna to a shower that was presumably cold when you turned it on- can cause a person to "black out." However, many gyms make members sign a waiver before signing up freeing them from any liability should an accident like yours happen. I'd imagine these kinds of things depend not only on what gym you go to, but what state you live in as well.

Since I'm not a lawyer, divulging all the details of your gym accident to an attorney would be the best thing for you do. If you had asked a gym employee to adjust the temperature of the sauna and they failed to do so and you later blacked out, it would appear you could have a valid case. If you did not ask an employee for assistance, then your chances of having a legitimate lawsuit change. A lawyer could best answer your question.

This link clears up some facts on gym waivers. Hope it helps: (removed)

Visitor answer 19 April 2013

If you have suffered a serious injury at the gym, please do not assume it just an accident. As far as I know any kind of injury caused by defective weight machines, treadmills, elliptical bikes or other equipments are liable to compensation by the gym authorities. But in your case, you better consult a personal injury lawyer.

Seigman, Starritt-Burnett & Sinkfield, PLLC

Visitor answer 6 May 2013

If you are suffering from serious injury at a gym — you have need an orthopedic injury requiring surgery—do not assume that this outcome was simply part of risk you took in deciding to exercise. Consider whether the gym or its personnel — such as the personal trainer you were assigned — were negligent or irresponsible in fundamental ways.

Visitor answer 14 May 2013

The basic thing is, when you got hurt while utilizing something on other's property and pay him, and it's due to his negligence, then, that owner is the main responsible because it's his duty to take care of all the measures that may secure you in spite of natural disaster.

Visitor answer 8 July 2013

the official police report, medical slips and your insurance carrier’s estimate for the damages to solidify your claim.

(removed)

Visitor answer 31 July 2013

Yes…. I agree with ginniferhadley, don’t think of your injury as a small accident. Such small injuries can have long term effects. In your case, as far as your accident is concerned, it was a result of the carelessness of your trainer or gym staff as the safety of people like you is their responsibility. Obviously, only the gym authority is liable for such accidents that take place on their premises. In this regard, you need to consult an experienced lawyer who deals with such cases. A traumatic brain injury attorney in Florida helps their clients who suffer from such accidents and they have good expertise in dealing such injuries and insurance cases.

Visitor answer 1 August 2013

I agree with all the advises here. Also, you must consult a personal injury lawyer to help you as well as give you some things that should be done.

Visitor answer 30 August 2013

accident is concerned, it was a result of the carelessness of your trainer or gym staff as the safety of people like you is their responsibility. (removed)

Visitor answer 11 May 2017

It depends on the insurance policy of the gym where you were injured. They provide them with the power to just say no to injury claims. Moreover, getting the name of the gym’s insurance company can be challenging. In most cases, fitness center has no legal responsibility to provide you their insurance information.

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