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You might be going to the gym for your health, physical relief, or for the social aspect. However, if you get hurt at a fitness center, those positives could be replaced with feelings of stress and fear. Not only is healing from your injuries challenging but you might also be confused on how to recover damages.
It’s possible that you could be entitled to compensation if someone else’s negligence was a factor in your injury. Learn more about how to pursue a personal injury claim.
What is Premises Liability?
The Illinois Premises Liability Act is designed to protect visitors from negligence or carelessness when they visit a business or property. Under this law, there are two categories of patrons: licensees and invitees.
A licensee is someone who is given permission to be on a property without an expressed invitation. An invitee is someone who visits another person’s property with the owner’s invitation.
If you are a member of a fitness center, you are a licensee. You are permitted to visit the property, but the owner doesn’t have to invite you to the center.
Premises liability laws hold property owners responsible for accidents that result from carelessness or negligence on their part. This applies whether it is an invitee or licensee who is injured.
Negligence in Premises in Premises Liability
For premises liability personal injury cases, you must prove the liable party was negligent. Under the law, you must prove four elements of negligence.
First, there must be a condition on the premises that created a hazard or danger. Next, the liable party must have known about the hazard. The liable party breached their duty of care by neglecting to correct the hazard. And, finally, you were hurt because of this hazard.
You’ll need to show the liable party knew about the hazard and didn’t take appropriate action to correct it if you want a successful premises liability claim.
Who Can Be Responsible for My Gym-Related Injuries?
Identifying who can be held liable for your injuries at a fitness center is critical to collecting compensation. Assigning responsibility for your injuries is something a personal injury lawyer can assist you with. These people might have a part in your injuries at a fitness center.
Business Owner
As the operator of the business, the owner can be held accountable for injuries that occur on their property as a result of negligence. If the owner is aware of hazards, improperly trains his employee, or there are other issues that should have been corrected, the owner could be deemed negligent.
Fitness Center Employees
Owners aren’t the only people who are responsible for correcting hazards. Employees should correct tripping hazards, keep pathways clear, and take action when dangers are brought to their attention.
Fitness Center Parent Company
Companies carry the responsibility of ensuring safe facilities. They’re accountable for their business, so if the company isn’t providing proper oversight or training for its facilities’ operations, they can be liable for injuries on the premises.
Fitness Instructors
Trainers, class leaders, and other instructors are responsible for how fitness center members train. If an instructor ignores limitations or health considerations, they could be liable for injuries.
Equipment Manufacturers
Fitness centers rely on their equipment. The manufacturers or distributors of gym equipment must ensure safe operation is possible. Any broken or defective equipment shipped to the center could create liability for the companies that made them.
What Kind of Injuries Happen at a Fitness Center?
There are a variety of injuries possible at a fitness center. Some injuries include:
How Liability Waivers Affect Premise Liability
Many fitness centers require members or guests to sign liability waivers before they can use the facilities. Waivers typically remove responsibility from the facility’s staff or owners.
However, there are laws limiting the power of these waivers. The documents must be clear, explicit, and concise. They must define the risks of the activities involved and state the party the signer is agreeing to waive liability against.
You can discuss whether a waiver affects your case by talking to a lawyer about your injuries and any agreements you’ve signed.
What Should I Do After an Injury at a Chicago Gym?
After an accident, it’s essential to get medical treatment first. You need to protect your health and start the road to recovery. It will also document the extent of your damages and serve as the basis of your personal injury claim.
You’ll also need to report the injury to the facility’s manager or other personnel. Keep a record of your injuries and the circumstances that led to your accident.
Contact a premises liability lawyer as soon as possible. You have two years from the accident to file a claim. This deadline is known as the statute of limitations. You can work with an attorney to determine if you have a case, the total available damages, and communicate with the facility’s legal representatives to ensure you have the strongest claim possible.
Your attorney can investigate your accident, secure evidence, assign liability, and negotiate your claim.
Call a Chicago Premises Liability Lawyer
If you’ve been hurt at a fitness center in Chicago, you need legal representation to ensure you get the maximum available compensation for your injuries. Finding a lawyer with experience in Illinois personal injury cases is key.
The Staver Accident Injury Lawyers, P.C., have helped premises liability victims secure compensation. We understand how disruptive and devastating these injuries can be. Let us help you get the damages you need so you can recover as quickly as possible.
Call (312) 236-2900 or use our online form to get started.
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