While you most likely signed a group fitness liability waiver when you signed up for the exercise class, this does not mean that the gym or fitness instructor is completely protected from liability if you are injured while taking an exercise class in Ontario.
Taking part in a supervised exercise class with an experienced instructor should provide you with a safe environment that’s free from potentially dangerous situations.
No pain, no gain may apply to certain circumstances, but you shouldn’t be hurt during an exercise class due to an avoidable accident.
How Could I Be Injured in an Exercise Class?
Misuse of equipment and carelessness on your part are a couple of ways that you can get hurt while you’re working out. Likewise, you could also be injured due to the carelessness of another exerciser.
However, there are many other issues that could lead to the injury of soft tissues, bones, or joints that may be the result of improper steps taken by fitness instructors or the gym itself. If this is the case, you could experience one or more of the following:
Lack of adequate instruction
Lack of proper supervision
Infection from improperly cleaned mats
Injury from falling equipment or machines
Falls from slipping inside or outside of the building
If you do experience one or more of these events, there’s a good chance that the instructor or gym could be at fault for your injuries despite signing group fitness liability waiver. If that’s the case, you could be eligible to receive monetary compensation for being injured in an exercise class in Ontario.
Who’s at Fault If I’m Injured in an Exercise Class?
If the injury was caused by something you did, chances are you’ll be considered at fault. In this instance, consulting a lawyer will help to determine if you will be able to bring suit against the instructor or gym because the group fitness liability waiver is void.
However, if the accident was due to a worker’s neglect or because another patron was careless, then whoever caused the avoidable occurrence may be to blame despite the group fitness liability waiver.
Will a Group Fitness Liability Waiver Hold Up in Court?
A fitness waiver and release of liability is designed to protect the instructor or gym from frivolous lawsuits that may occur due to patron carelessness or neglect. It does not protect the instructor or gym against suits that are caused by gross neglect on the part of the instructor, gym’s employees or equipment manufacturers.
Additionally, if the liability waiver for fitness is not worded properly or cover the specific circumstances related to your injury, the document may not be legally binding in a court of law. If you’re unsure of what the waiver of liability that you signed means, speak with a skilled lawyer to determine if you’ll be eligible for compensation in the event of an injury.
What Do I Do If I’m Injured at the Gym?
Even if the group fitness liability waiver won’t stand up in court, you’re going to need a lot of evidence to show that the instructor or gym was at fault for your injury. Take pictures of the scene right away. You’ll want to report the injury to the manager as soon as the event occurs.
When you leave, go immediately to a physician who can assess your injuries. You’ll need this documentation to make your case. Be sure to keep copies of the records and any bills you receive for your injuries. Keep notes of everyone you talk with about the occurrence. These may be needed in court.
How Can a Lawyer Help Me?
Because the wording in a group fitness liability waiver can be tricky to understand, it’s best to let an expert decipher the meaning behind the document. A lawyer can determine if the group fitness liability waiver will stand up in court or if you’d actually have a case when filing suit against the instructor or gym or another patron for being injured while taking an exercise class.
Your lawyer will take all of the information that you provide and determine the best course of action. If the lawyer determines that the group fitness liability waiver is void, they will question witnesses, employees or the gym, and perhaps even the physician where you were treated for your injuries. You may even get a settlement without going to court.
If the case does go to trial, an experienced lawyer will be there to represent you. You can rest assured that your rights will be protected.
