There are a lot of different gym centers, fitness clubs, and yoga facilities in Phoenix, Arizona, and injuries frequently occur in these locations. If you have been injured in one of these settings, then you’re going to want to know about your rights and options concerning filing a Phoenix, Arizona, personal injury claim to recover compensation for your medical expenses, pain and suffering, and lost wages. Some people get sick in gym environments because the machines and surfaces have not been properly cleaned. Others are injured through faulty equipment or exercise accidents. Unfortunately, it is not easy at all to seek compensation for the damages that are caused by these situations. Even if you have a lot of evidence of the negligence of the gym staff or owner, you probably signed a liability waiver which absolves the facility and the owners of any responsibility for your damages.
What Does a Liability Waiver Do for Gym Facilities?
The purpose of a liability waiver for gym facilities, yoga centers, and other fitness settings is to protect them from any legal or financial responsibility when injuries and illness occur on their property. These waivers typically cover a range of different situations, and they are very difficult to circumvent when you are trying to get much needed compensation for damages. In many situations, it is not at all possible to get past the waiver, though this is not always true. It all depends on what the waiver says and how the injury or illness occurred. You should always read before signing anything.
Carefully Read All Paperwork that You Sign When Joining a Fitness Center
Signing a lot of paperwork is par for the course when enrolling in a gym, fitness class, or other health center. There will be a contract and a liability waiver among these documents. In many cases, the liability waiver is hidden among several forms in hopes that you will simply sign it without asking any questions. Even if you do notice it, most people don’t read through everything they sign, assuming that they aren’t going to get injured. Nobody ever imagines that they are going to be injured or get sick when they first join a gym, health class, or other fitness center.
If you do take the time to read the liability waiver, you are likely to find that it absolves the facility, staff, and owners from any liability in case any injury or illness should occur. Yet, you likely cannot join or enroll if you refuse to sign the waiver. It is a good idea to at least take a copy of everything that you sign so that you can look over it carefully and refer back to it if you need to in the future. If you do become injured or sick at the facility, then you can also bring these copies with you when you go to talk to a Phoenix, Arizona, personal injury attorney about the likelihood of success with a claim. Unfortunately, far too many people never pay attention to what they sign and do not bother to get copies. If you are in this situation, it is not necessarily hopeless, but you will definitely want to try to get copies of all of your paperwork from the facility as soon as you can to review them more thoroughly.
There Are Some Exceptions to Gym Liability Waivers in Phoenix, Arizona, Personal Injury Claims
While gym liability waivers can be very difficult to work around when you’ve been injured, it is certainly not impossible to do so. If the waiver has ambiguous or vague language that doesn’t clearly indicate or cover all possibilities or situations, then you may have a better chance of a strong claim. If there was gross negligence involved in your injury or illness, then this could allow for you to hold the gym liable in spite of the waiver. It is best to talk to a Phoenix, Arizona, personal injury attorney to discuss all of the possibilities and all of the options available to you. In cases where the language is not clear and the meaning is not apparent, the court may simply reject the waiver. If you struggle to understand what the waiver is saying, then this situation could apply to your claim. The waiver should be specific and not confusing when it comes to the rights that you relinquished by signing it. In cases where there was gross negligence involved in your injury, through reckless disregard for safety, violation of your rights, or intentional harm, then you may have a valid claim for these reasons in spite of the waiver.
What Should You Do When You Are Injured in a Gym Environment in Phoenix, Arizona?
When you are injured in a gym environment in Phoenix, Arizona, then you need to focus first on your medical needs. You may need to call 911 or you may need to go to your nearest emergency center, depending on the severity of your injuries. However, you will want to take photos of the hazard that caused your injury first, if possible. You can also ask someone else to do this for you if you not in a position to do so. You should also ask any witnesses to the event for their names and contact information. Taking photos of your actual injuries will also be helpful. If there is any broken machinery involved, then take pictures of this and write down any pertinent information. You will need the insurance information of the gym facility, but they may not be willing to provide it. You do not have to make a big issue out of this in the moment, because that likely will not help. You can always get this information later when you attempt to pursue compensation.
Once you’ve addressed your medical needs and gathered as much evidence as you can, contact the attorneys at Warnock MacKinlay Law to talk about your case with a skilled Phoenix, Arizona, personal injury attorney who knows how to handle gym injury cases.