People who have been hurt while working out can turn to this Fort Lauderdale Gym and Fitness Center Accident Lawyer. While working out is great for your health, you can also easily get injured. In fact, there are many different ways that you might get hurt while in a gym or fitness center.
For example, you might slip and fall or trip & fall in a gym or fitness center. If you’ve fallen on liquid (e.g., water, soda or juice) or an object on the ground/floor in a gym or fitness center, you might have a case. In order to prove your case, you will need to be able to show that the gym or fitness center had either actual or constructive knowledge of the dangerous condition.
You can prove that the gym or fitness center had actual knowledge of the dangerous condition by proving that an employee either a) created the dangerous condition or b) knew about, and did nothing to correct, it. On the other hand, you can prove that the gym or fitness center had constructive knowledge of the dangerous condition by providing that the dangerous condition existed for long enough that the gym or fitness center should have known about it. You can prove that the dangerous condition existed for a certain amount of time by using circumstantial evidence (e.g., dirt or tracks in the liquid).
Falls may also be caused by “fixtures” in gyms and fitness centers. A fixture is an object that is permanent and not temporary (i.e., like stairs or steps). If your fall was caused by a fixture (as opposed to something temporary), then your case may be against the owner of the property where the gym or fitness center existed (rather than the company that ran the gym or fitness center). After all, if the dangerous condition that caused your injuries was a fixture, then it would typically be the landlord (rather than the tenant) who would be responsible for fixing it.
Call Mr. Quackenbush at 954-448-7288 if you’ve been injured in a gym or fitness center in Florida (including Palm Beach County, West Palm Beach, Miami and Miami-Dade County). This Fort Lauderdale Gym and Fitness Center Accident Law Firm can assist you in your time of need.
Accidents in gyms or fitness centers may also be caused by employees of those gyms or fitness centers. Employees may accidentally trip and push you over, and, if they do, the gym or fitness center will be responsible for their actions.
Defective equipment can also cause accidents in gyms or fitness centers. If this occurs and you are injured as a result, then your case might be against the manufacturer of the fitness/exercise equipment. This would be referred to as a products liability case.
If you are injured by defective exercise/fitness equipment in a gym or fitness center, what will determine who is the defendant in your case is the cause of the defect. If the equipment was sold to the gym or fitness center with the defect already existing, then your case will probably be against the manufacturer or distributor of the equipment. On the other hand, if the defect was created while the equipment was already at the gym or fitness center, then it will likely be the gym or fitness center that is liable. After all, a gym or fitness center has the responsibility for properly maintaining its equipment. If it doesn’t and a customer is injured as a result, then the gym or fitness center will be liable.
One issue that frequently exists in cases involving gyms and fitness centers is the issue of waiver. That is, most gyms and fitness centers require their customers to sign waivers. Such waivers will typically state that the gym or fitness center won’t be liable for any injuries which occur inside the gym or fitness center.
Nevertheless, these waivers are strictly construed by Courts. This means that, if any errors exist in the waiver forms, then they most likely won’t be effective and won’t prevent you from recovering compensation in your case.
Moreover, waivers don’t typically protect a gym or fitness center from “gross negligence.” Gross negligence is more than simple negligence (which is typically covered by waiver forms). Gross negligence is negligence that goes beyond simple negligence to the point of being reckless. For example, intentional acts or acts that are “willful and wanton” can constitute gross negligence. While a waiver form will typically protect a gym or fitness center from simple negligence of its employees, it won’t typically protect a gym or fitness center from gross negligence.
Gyms and fitness centers also typically have surveillance footage. If you’ve been injured in a gym or fitness center, you should attempt to get the surveillance videotape as soon as possible. Your accident may have been caught on the video. Nevertheless, you will want to get this video as soon as possible. After all, may such videos are on “loops,” which means that they tape over themselves every so often (every three days, thirty days, etc.). If you don’t get the footage quickly, it may be lost forever.
Gyms and/or fitness centers in the State of Florida include:
To discuss your case with Mr. Quackenbush for free, call him at 954-448-7288 if you’ve been hurt in a gym or fitness center anywhere in the State of Florida (including Coconut Creek, Cooper City, Coral Springs, Dania Beach, Davie, Deerfield Beach, Hallandale Beach, Hollywood, Lauderdale-by-the-Sea, Lauderdale Lakes, Lauderhill, Lighthouse Point, Margate, Miramar, North Lauderdale, Oakland Park, Parkland, Pembroke Pines, Plantation, Pompano Beach, Southwest Ranches, Sunrise, Tamarac, West Park, Weston and Wilton Manors).