Gyms are a popular way of keeping fit for many people and gym membership has made it easy for millions to incorporate better health into their lifestyle. Users trust that the gym they use is safe and well-run, however this may not always be the case and if you are injured you may want to know how to make a gym accident claim.
Dealing with the aftermath of injury can be expensive and disruptive. Compensation could offer an option to help you recover, deal with the expense and keep your health on track. This guide will explain who might have eligible grounds to seek damages after a gym owner has failed to keep the premises or equipment safe. We’ll also explain what evidence can help you do this.
There is no set compensation amount as it varies from case to case. But below we explain how compensation is calculated and what areas of harm it seeks to address. Finally, we explore the benefits of using legal representation to launch a personal injury claim against a gym. This can be done under a type of No Win No Fee contract which means you avoid upfront legal fees.
Interested in learning more?
- Our dedicated advisors can assess your potential claim over the phone when you call on 0800 408 7825.
- Contact us online to see how to claim.
- Or you can connect through the live discussion box below.
Jump To A Section
- What Are Gym Accidents?
- Can You Make A Gym Accident Claim?
- What Evidence Is Needed For A Gym Accident Claim?
- How Much Compensation For Gym Injuries?
- Why Claim Gym Accident Compensation On A No Win No Fee Basis?
- Read More About Making A Public Liability Claim
- FAQs About Gym Accident Claims
What Are Gym Accidents?
A gym accident can be any type of physical mishap that takes place in or on the premises of a public or private gym. You may be able to start a compensation claim for injuries ranging from minor to severe if you can prove the initial fault for the hazard that injured you lay with the gym operator.
This is because all companies in this country are obliged to apply a duty of care to their customers and the general public under a law called the Occupiers’ Liability Act 1957. Under this law, those in charge of a public place should implement measures and take steps to ensure the reasonable safety of those using the space for its intended purposes. So to have a valid claim, three eligibility criteria need to be met:
- A care duty applied in the gym.
- The care duty was breached in some way.
- This caused or worsened your injuries.
If you feel you can show that the gym operator failed to assess potential risks and follow health and safety procedures to minimise potential harm, speak to our team about your next step. Next, we look at some gym injuries that can occur.
What Are Common Gym Injuries?
The following injuries can occur in a gym:
- Strains and sprains.
- Torn muscles and ligaments.
- Pain, swelling and impaired function of tendons (Tendinopathy).
- Ankle and knee damage.
- Shin splints (tibial stress syndrome).
- Back and shoulder injuries.
It can be possible to suffer a combination of these injuries. So why not chat over the precise circumstances of your gym accident claim by speaking to our team first?
Can You Make A Gym Accident Claim?
After looking at the most commonly encountered injuries, we now turn to examples of what might be a strong personal injury claim.
- The gym owners fail to maintain the weight-lifting equipment and a gym machine malfunctions while someone is using it, causing a dislocated shoulder.
- A treadmill was left wet and slippery causing a user to suffer torn knee cartilage when they slipped off.
- The gym staff were not fully accredited and gave incorrect fitness advice to a customer. This caused the person to bench-press above their limit and suffer spinal damage.
Obviously, your example may differ. But the premise stays the same. If you can prove the injury was caused because of the gym’s operator was negligent, talk with our team about starting a gym accident claim for compensation.
What Evidence Is Needed For A Gym Accident Claim?
The evidence needed in a gym accident claim has to point to show that the gym was at fault for the injury caused. With this in mind, the following can help substantiate your case:
- Medical reports on your injuries from the walk-in clinic, hospital or your GP.
- CCTV footage from the scene.
- Mobile phone footage/photos of the accident, your injuries and what caused them.
- The contact details of any eyewitnesses. At a later date, a supporting statement can be gathered from these people.
- A diary in which you note treatments needed and key dates.
- Evidence of costs and expenses related to the injuries.
Strong evidence is a crucial foundation for a personal injury claim. Rather than face it alone, why not see if a personal injury specialist solicitor could help? Their wealth of expertise could make gathering evidence much easier. Call our team to discover more.
How Much Compensation For Gym Injuries?
Two heads of loss can comprise a successful gym accident claim. An amount called general damages compensates for the physical pain itself, along with any psychological anguish caused by the accident.
Those responsible for how compensation is calculated use medical evidence as their guide. Therefore it may be necessary to sit for a medical appointment with an independent specialist as this will produce a full report of your injuries. We can help arrange this for eligible claimants.
This medical report may be compared with the award bracket listings for injuries provided in documents like the Judicial College Guidelines (JCG). An excerpt from this publication is below but please think of them only as guides. We’ve also included a top line figure for illustrative purposes which is not from the JCG:
Guideline Award Brackets
| Injury Area | Severity | Award Bracket Guideline |
|---|---|---|
| Multiple Severe Injuries and Special Damage Payout, This Can Include Compensation For Loss Of Earnings | Severe | Up to £1 million plus. |
| Head | (c) Moderate (i) | £183,190 to £267,340 |
| Head | (d) Less Severe | £18,700 to £52,550 |
| Hernia | (a) Continuous Pain. | £18,180 to £29,490 |
| Neck | (a) Severe (iii) | £55,500 to £68,330 |
| Back | (a) Severe (iii) | £47,320 to £85,100 |
| Back | (b) Moderate (ii) | £15,260 to £33,880 |
| Shoulder | (a) Severe | £23,430 to £58,610 |
| Arm | (c) Less Severe | £23,430 to £47,810 |
| Wrist | (a) Complete Loss of Function | £58,110 to £73,050 |
A second head of loss called special damages may also form part of a successful settlement. This reimburses the person for the financial harm their injuries caused. So for example, you may be able to submit documented proof of some of the following:
- Proof of medical expenses both now and predicted for the future.
- Payslips that show a drop or loss of earnings because of work absence.
- Travel costs needed to attend appointments.
- Paid amounts to any domestic carers.
- The costs of adapting your home or vehicle to deal with a new disability.
Please use the information above to get in touch with us for a free consultation and discover what else you could be compensated for. If advisors determine your claim to be valid, they could connect you with a solicitor from our panel to handle this and every aspect of your case.
Why Claim Gym Accident Compensation On A No Win No Fee Basis?
Accessing excellent legal representation for your gym accident claim could be easier than you think. The solicitors on our panel can extend their services to eligible claimants through a type of No Win No Fee contract called a Conditional Fee Agreement (CFA). This typically helps someone in the following ways:
- A CFA does not require you to pay upfront fees for the solicitors to start work on your claim.
- There’s no requirement to pay fees for ongoing services.
- No fees for solicitors’ services apply for unsuccessful claims.
- For claims that win, a success fee applies. This restricted percentage is deducted from the compensation at the end. However, you always receive the bulk of the settlement awarded because this amount is capped.
Why not discover if you can benefit from an arrangement like this? Take the first step of finding out if your gym accident claim qualifies. Our team of friendly advisors could connect you to expert legal representation to help with all aspects of the claims process from beginning to end. Simply:
- Call us on 0800 408 7825.
- Contact us online to see what your claim could be worth.
- Connect through the live discussion box below.
Read More About Making A Public Liability Claim
In addition to this guide about making a gym accident claim, these other articles may be useful:
- Find out how much competition could be awarded for a lacerated hand.
- Here we discuss public transport accident claims.
- What steps you can take when a third party is not admitting liability for your injuries?
External links to help:
- Here is guidance on health and safety for leisure activities from the Health and Safety Executive (HSE).
- Advice on when to call 999 from the NHS.
- Lastly, read advice on the amount and type of physical activity people should take from GOV.UK
FAQs About Gym Accident Claims
Can A Gym’s Waiver Prevent A Personal Injury Claim?
Regardless of signing any kind of waiver at the gym, if you can prove negligence, meaning you have been injured because the gym was at fault, you have the right to seek personal injury compensation.
What Could I Do After Suffering Gym Injuries?
After experiencing harm at the gym, your first priority should be to seek medical advice. Following this, if you are well enough to do so, you should report the accident and begin to gather evidence to support your claim.