Going to the gym lets you work out your stress and improve your health. There are risks at your local gym that can put you in harm’s way, though. If the trainers and owners at your local gym don’t keep your safety in mind, you could walk away from a workout with a serious injury.
While waivers can protect gyms from some legal suits, you can still work with an attorney to fight for post-injury compensation. Our Phoenix, AZ, gym accident liability lawyers at Zanes Law Injury Lawyers can discuss your roads to financial support.
When to File a Lawsuit Against a Phoenix Gym
If you want to bring a civil suit against a gym in Phoenix, you’ll need to do so shortly after your accident. A.R.S. § 12-542 allows you to take two years to gather the information you need to bring your suit forward. If you don’t act within that time, your opportunity to pursue a case will expire.
That said, you may feel like there are certain conditions that prevent you from taking legal action. If you signed a waiver at your local gym, for example, doesn’t that stop you from requesting compensation for your losses?
Neither waivers nor the assumption of risk can stop you from pursuing compensation under the right circumstances. When you bring your case to our Phoenix gym attorneys, we can discuss how these factors may play into your upcoming case.
The Limitations of Waivers
Most gyms and personal trainers require you to sign a waiver before you begin using their services. These waivers are designed to protect a gym owner or employees from liability should you hurt yourself on the gym’s premises.
That said, waivers do not cover these parties from all possible suits. If, for example, you fall victim to gross negligence or intentional harm, you have full right to take up a complaint against one of these parties. In many cases, we can argue that the waiver you signed didn’t address the injuries you endured, thereby allowing you to pursue compensation through civil court.
Reacting to Assumption of Risk
Arizona, like several other states, includes an “assumption of risk” doctrine within its legislation. This doctrine allows gyms and similar institutions to argue that you knew you were engaging in a risky activity prior to your injury. If the defense can uphold this argument, you may lose out on the compensation you need to recover.
There are two types of “assumption of risk” that you’ll need to be aware of. Explicit assumption of risk often involves the inclusion of a line in a gym’s waiver regarding unruly or inappropriate behavior. Implied assumption of risk requires you to behave as reasonably as possible while in contact with a gym’s equipment.
To avoid the pitfalls of the assumption of risk, do not discuss the risks of your workout with representatives from your local gym without an attorney present. Similarly, read through the contracts that a gym expects you to sign. While we can still fight for compensation on your behalf, allowing an assumption of risk can make that battle harder.
For a free legal consultation with a gym accidents lawyer serving Phoenix, call 866-499-8989
Liability and Negligence in Gym Accidents
You may have the right to pursue a lawsuit against a gym if you can prove that negligence contributed to the injury you sustained. Arguing that an injury you caused is the fault of the gym can see your case dismissed.
How do you go about proving negligence, though? Certain parties, including gym owners, trainers, and third-party manufacturers, owe anyone who uses their equipment a duty of care. This duty states that the aforementioned parties must behave reasonably when allowing others to interact with a gym’s equipment.
If you can indicate that your liable party did not take reasonable care of their equipment, you can carry your case forward. Be prepared to elaborate on causation in your initial claim, though. You’ll need to indicate that the bulk of your losses came from that unreasonable behavior. Gym accident liability attorneys in Phoenix, AZ, should also present an estimate of your loss’s value.
Gym Owners Versus Subcontractors: Accountability in Gym Accidents
When you first walk away from an accident, it can seem like both a gym owner and a personal trainer could bear responsibility for your losses. However, these parties have different roles in a gym.
Gym owners are only responsible for the maintenance of their property. You can bring a personal injury suit against a gym owner if you believe they failed to repair dangerous conditions or warn you about hazardous equipment.
Comparatively, trainers and other gym employees have more of a say over your machine-to-machine health. These parties must provide you with appropriate supervision and sound advice to avoid legal action. Similarly, employees who are undertrained or hired under false pretenses may be held liable for your workout injuries.
Phoenix Gym Accident Lawyer Near Me 866-499-8989
Filing a Wrongful Death Claim Against an Arizona Gym
There is a chance that gym negligence may result in the death of one of your loved ones. If this is the case, you may still have the right to pursue a legal suit on your loved one’s behalf. However, Arizona law dictates that only certain parties may file suits for individuals who’ve passed away.
You may only file a wrongful death claim against a gym owner, personal trainer, or applicable party if you are the decedent’s:
Arizona also affords certain rights to a deceased individual’s personal executor. If you have questions about your rights after the death of a loved one in a gym accident, you can connect with our team.
Filing a Gym Accident Claim: What to Expect
Once you file a gym accident claim, a county clerk and other applicable parties can consider the losses you’ve endured. If the court lets you bring your case forward, you’ll receive the right to summon your liable party. You can serve the liable party papers and request either negotiations or the beginning of a trial.
Don’t try to settle your own injury claim after serving papers. Instead, let a Phoenix gym accident liability attorney represent you through either settlement talks or a trial. Negotiations tend to resolve more quickly than a traditional case, but you can pursue either depending on your losses. We’ll discuss which path forward might suit you best during an initial consultation.
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Discuss Your Gym Accident With Us ASAP
Gym owners and personal trainers go to significant lengths to protect themselves from legal backlash. That does not mean that you don’t have a road to financial support after a gym accident. When you work with a gym accident liability lawyer in Phoenix, AZ, our team at Zanes Law can request damages on your behalf.
You can contact us to schedule a free gym accident case consultation today. Let’s sit down and discuss what kind of support you need to get back on your feet again.