Gym Injuries
The desire to take care of our body leads many of us to the gym, the perfect place to work on our physique and health. But what happens when you end up causing yourself more harm than good? Injuries at the gym can arise from any number of situations, ranging from things like overworked muscles through to faulty equipment or an unsafe environment. If you have injured yourself at the gym, you may feel a little hesitant to go back in case something happens again. You may also feel disheartened to see your hard work being lost while you are side-lined with an injury. As such, it is something that every person who visits the gym looks to avoid! You may also be wondering about your options if you have been injured at the gym. If you believe that your gym has failed in their duty of care to you and other visitors of the premises, you may be eligible to claim gym injury compensation. Can you Sue a Gym for Injury? When signing up for a gym, you will almost always have a written contract to sign. Gyms will often do this to protect themselves from liability in the event their members injure themselves whilst on premises, among other reasons. This, however, does not mean that you are not eligible to make a claim for compensation in the event of injury whilst in the gym. They still owe their patrons and clients a duty of care, which leaves them liable if a breach results in injury. Can you Sue a Personal Trainer for Injury? Gym negligence cases can be complicated further by the popular working arrangement that many modern gyms deploy, where personal trainers are not employed by the gym but are instead listed as contractors. In this case, the personal trainer still owes a duty of care to their clients and breaching this leaves them liable. It is similar to situations where a personal trainer that is not attached to a gym at all is responsible for you and owe you a duty of care. For example, if they run outdoor workshops or boot camps the same duty of care applies. Gym Negligence Case Examples Perhaps the most famous case of gym negligence from recent years involved the untimely death of a 15-year-old boy in a Brisbane gym in late 2017. The teenager had been attempting to bench press roughly 100 kilograms, and in failing to do so was pinned beneath the weight without being discovered for an unclear period of time. The rules of the PCYC gym in which the incident occurred state that those under the age of 16-years-old were required to be supervised when using weights equipment. Not only was the gym negligent in upholding this policy, but they were negligent with basic supervision as the teen remained trapped for an unconfirmed amount of time. Had the gym seen his predicament earlier, they may have been able to save his life. This is an extreme example of a gym failing in their duty of care for a visitor. There are numerous, more common incidents that may warrant a gym injury compensation claim. These may include a personal trainer pushing you to perform an exercise out of your means, faulty equipment that fails and causes injury or an unsafe environment that causes a preventable injury. If you’re unsure about whether your injury would warrant a compensation claim, contact the expert team at Sinnamon Lawyers. For more information about the duty of care that you are owed in a gym, read our FAQs about accidents on private and public property.
Progressing a Personal Injuries Claim
We are often asked by our clients how they can assist to progress their personal injury claim to settlement. While every situation is unique and each personal injury claim progresses in a different way at a different pace, we believe the following five points are likely to apply to each claim for personal injury: It is imperative to keep your solicitor up to date with your contact details. If you move house or change telephone numbers you should contact your solicitor as soon as possible to provide this information. There are many documents that will need to be provided to your solicitor as part of your personal injury claim. Sometimes these will be things you need to gather and provide for copying, obtain certified copies of or provide authorities to obtain from a third party. When your solicitor sends you a form, authority or other document you should complete it as directed and return it to your solicitor as soon as possible. At many points during a personal injury claim your solicitor will be interested in the details of treatment you have received, are currently receiving or are planning to undertake as well as the details of the doctors and therapists. It is particularly helpful if clients have detailed records of this information as then it can be readily drawn upon to make decisions about the progression of your personal injury claim and which service providers to obtain records or reports from. In order to evidence your claim for personal injury, it is likely need to be assessed by one or more experts chosen by your solicitor as well as experts who have been asked by the respondent to assess you. These appointments are often made quite some time in advance because the experts who complete the assessment and prepare a report are well regarded in their field and booked out months in advance. It is extremely important that you attend these appointments as cancellation for any reason generally within 14 days of the appointment incurs a cancellation fee which can be costly, running into the thousands of dollars. It is very important to provide to your solicitor the details of your employment or source of income in the years prior to and the time subsequent to the accident or incident that led to your claim for personal injury. There are many reasons that this information is important including calculating a component of your claim for personal injury and to show that you have mitigated your loss. Ultimately, communication with your solicitor is exceptionally important during your claim for personal injury and timely communication will assist in avoiding unnecessary delay. **The above is not intended as legal advice. You should seek the advice of your solicitor about your personal injury claim and the progression of your unique claim.** Contact Sinnamon Lawyers today if you would like to discuss a personal injury claim.
FAQ – Personal Injuries Compensation Claims
We are asked lots of questions about personal injury compensation claims, here we answer those most frequently asked. Is the first consultation obligation free? Yes. We are happy to discuss your situation and determine if we can assist you during a no obligation free consultation. Are you “No win, No fee”? Yes. Sinnamon Lawyers will pay the ongoing costs of pursuing your personal injury claim until it has been resolved. We don’t charge fees unless you receive money from the other side through settlement or judgment at trial. Can you help with recovering money for damage to my vehicle? In some situations we are able to represent you in your property damage claim. We are happy to discuss your circumstances to see if we can be of assistance. What if I have pre-existing injuries? Having a pre-existing injury or injuries doesn’t mean you can’t still make a personal injury claim. What if my accident was not a motor vehicle accident? We represent people who have been injured in many ways including in workplace, slip and fall, public liability and other accidents and incidents. What if I was not driving? Passengers travelling in vehicles involved in a traffic accident as well as pedestrians are eligible to pursue personal injury claims. What if my child was injured? If you are the parent or legal guardian of a person under the age of 18 who has been injured then you can proceed with a personal injury claim on their behalf. Different limitation periods apply when a minor has been injured so please contact us to discuss your unique situation. What if I didn’t get the details of the other vehicle because they left the scene of the accident? We will attempt to identify the vehicle at fault, but if that is not possible there is still an avenue that will enable us to proceed with your personal injury claim. What if I cannot travel to one of your offices? We are able to visit you at home. We have also successfully represented clients who we only have been able to have contact with on the telephone and through correspondence, i.e. people who are living overseas but were injured in Australia. What if my accident was not recent? Strict time limits apply to personal injury claims (generally three [3] years from the date of accident) so it is important to find out as soon as possible of your ability to claim. We are happy to discuss your situation and confirm for you if you are able to proceed with a personal injury claim. If you have further questions about your compensation claim further please feel free to contact us for an obligation free consultation on 1800 007 277 . We look forward to hearing from you!
