Spotting Liability: Claims and Defenses in the Fitness Industry

Gyms and other fitness-focused facilities provide a valuable service — helping their clients get and stay in shape. But exercise inevitably carries some risk of physical injury, especially in gyms where patrons frequently use exercise equipment, lift weights, and simply walk through the facility. Given the risk of injury associated with gyms, it’s no surprise that they are frequent targets of personal injury claims. But just because a patron has been injured does not mean that a gym is liable for the injury. While gyms and fitness centers are frequent targets, such businesses have many defenses available to them, as our North Carolina personal injury defense attorneys explain. 

What Are Some Common Legal Claims Against Gyms? 

Premises Liability

One of the most common legal claims against gyms is premises liability. Such claims often arise when the plaintiff alleges that an unsafe condition inside the facility caused the injury. Examples include: 

• Wet floors
• Loose exercise mats
• Damaged flooring
• Defective or missing handrails
• Obstructions in walkways 

North Carolina premises liability law generally requires property owners to exercise reasonable care to keep their premises safe for lawful visitors and to warn of hidden dangers that can be discovered through reasonable inspection. The notice requirement can be particularly critical. For example, if a member slips on a pool of water beneath a drinking fountain, the issue may not be whether the water was present, but how long it was there and when the gym should have discovered it and taken corrective action. 

Negligent Maintenance

Exercise equipment itself is a common source of liability for gyms. After all, a large gym may be responsible for maintaining dozens of machines, each of which can easily cause injury if not kept in tip-top shape. An injured plaintiff could allege, for example, that their injury was caused when a treadmill inexplicably accelerated, a cable broke, or a bench collapsed. Such claims often hinge on documentation — e.g., inspection schedules, maintenance records, repair invoices, customer and employee reports, and manufacturer recommendations. 

Negligent Training and/or Supervision

Personnel-based claims, such as negligent training and supervision, focus on the duties owed to members by gym employees, such as instructors and personal trainers. For example, a plaintiff might allege that a personal trainer recommended an exercise that was inappropriate for them, provided inaccurate or inadequate instructions, or failed to intervene when they were performing an exercise improperly. Relevant evidence in such cases includes trainer qualifications, certifications, written gym policies, and communications with the plaintiff. 

Negligent Hiring and/or Retention 

In some cases, plaintiffs may go beyond arguing that an employee acted negligently and instead claim that the gym negligently hired or retained the employee. Such allegations tend to arise where an injured plaintiff discovers anomalies in the employee’s history, such as a criminal record, a history of causing customer injuries, or a record of disciplinary actions. For more information about negligent hiring and retention claims (including how to minimize the risk of them), please contact a North Carolina personal injury defense attorney. 

How Can Gyms Defend Themselves From Legal Claims? 

Contributory Negligence 

North Carolina is one of only a handful of states that observes the contributory negligence doctrine, which holds that a plaintiff is barred from recovery if they were at fault in any way for their injuries. In personal injury litigation against a gym, contributorily negligent conduct could include: 

• Ignoring equipment or trainer instructions
• Using equipment in an obviously inappropriate manner
• Attempting to lift an unreasonable amount of weight
• Entering a restricted area

Defendants should keep in mind, however, that contributory negligence is an affirmative litigation defense, meaning that the party asserting contributory negligence has the burden of proving it. For more information about how to establish contributory negligence, please contact a North Carolina personal injury defense attorney. 

Assumption of the Risk 

Assumption of the risk is a defense wherein a defendant argues that the plaintiff was aware of the risks inherent in the activity but chose to do it anyway. It is particularly applicable to gym cases, as gym members typically understand that strenuous exercise carries a risk of injury. However, the defense is not ironclad; it generally is most successful if the plaintiff’s injury was one that was inherent in the activity (e.g., a strained muscle) rather than due to an unforeseeable risk (e.g., injury due to negligently maintained equipment). 

Liability Waivers

Liability waivers are agreements in which one party gives up their right to sue a person or business for injuries that occur in the course of a particular activity. They are nearly ubiquitous in the fitness industry. However, such agreements must be drafted carefully to have their full effect — they must be clear, unambiguous, and expressly release a party from liability for its own negligence. Courts scrutinize such agreements closely and typically resolve ambiguities in favor of the injured party. As such, you should consider working with a North Carolina personal injury defense attorney to craft a strong liability waiver for your gym. 

How Can Gyms Reduce Their Risk of Personal Injury Liability? 

The best defense to gym injury claims often begins before an accident occurs. Gyms and fitness centers can reduce their risk of personal injury lawsuits by: 

• Using experienced attorneys to draft liability waivers 
• Maintaining regular inspection and maintenance procedures for all equipment
• Promptly removing defective equipment from service 
• When an injury occurs, preserving relevant evidence, including photographs, surveillance footage, maintenance records, incident reports, and communications concerning the incident
• Implementing strict hiring and training standards, including keeping records of all employee trainings 
• Using clear warning signs for temporary hazards, such as spills and out-of-order equipment
• Keeping walkways and exercise areas clear of cords, weights, mats, and other tripping hazards
• Documenting member complaints and reported hazards before they cause injuries 

Reduce Your Personal Injury Exposure With Help From a North Carolina Personal Injury Defense Attorney

Gyms are frequent targets of personal injury lawsuits due to the heightened risk and incidence rate of injuries. However, just because a member files a claim does not mean you are liable. For more information about preventing and responding to personal injury claims, please contact a North Carolina personal injury defense attorney at Harris, Creech, Ward & Blackerby. Call 252-638-6666 or use our online contact form.