Diamond and Diamond AB
ALBERTA OFFICES

Calgary Main Office

1331 Macleod Trail SE, Suite 420

Edmonton Head Office

4246 97 Street NW, Unit 100

B.C. Offices

Surrey Consultation Office

1104 – 13737 96 Ave, Surrey, BC V3V 0C6

Langley Consultation Office

8661 201 Street, 2nd Floor

Richmond Consultation Office

5811 Cooney Road Suite 305 South Tower

Kelowna Consultation Office

1631 Dickson Avenue Suite 1100

Vancouver Head Office

1727 West Broadway, Suite 400

ONTARIO OFFICES

Oshawa Consultation Office

50 Richmond Street E, Unit # 108 B

Brampton Consultation Office

341 Parkhurst Square, Suite 5

Etobicoke Consultation Office

34 Greensboro Dr 2nd Floor

Toronto Head Office

255 Consumers Road, 5th Floor

Sudbury Consultation Office

144 Elm Street, Suite 201

Ottawa Main Office

955 Greenvalley Crescent, Unit 315

Mississauga Office

2155 Leanne Blvd #113

London Main Office

256 Pall Mall St, Suite 102

Hamilton Consultation Office

105 Main Street East, Suite 1500

Barrie Main Office

17 Poyntz Street

Windsor Main Office

13158 Tecumseh Rd. E. Unit 3B

Thunder Bay Consultation Office

278 Algoma Street South

IMG

Injured at the Gym – Can You Sue?

According to a recent poll conducted for the GoodLife Fitness website, improvements to personal health and wellness were at the top of the 2018 New Year’s resolutions list of more than one in three Canadians. Due in part to competition spurred by the proliferation of lower cost clubs such as the giant American chain Planet Fitness , for many in Alberta  and elsewhere that resolution will translate into a new health club membership and the determination to use it. As the number of clubs in Canada grows, weight training, cardio, Pilates and cross fit programs have become readily available.

With so many Canadians working to get fit, some will inevitably fail to heed cautions about gradually working into a routine and instead plunge headlong into a strenuous workout. The result is often an injury, frequently from inadequate warm up or stretching or improper use of equipment.

Thankfully, most gym maladies are minor and will heal after a few days of rest. However, more serious injuries can occur, particularly as one’s routine evolves and units of weight and resistance increase. For “gym rats” at this level, adequate instruction and proper supervision become critical.

Your Ability to Sue

Some accidents and injuries occur in the most conscientious of facilities. But what if you are seriously hurt solely because of an employee’s incorrect advice or careless supervision? Can you successfully sue the employee? Possibly, but he or she probably doesn’t have insurance or much in the way of assets you can reach.

So what about suing the club itself? Let’s assume nobody from club management was around when the instructor committed his/her negligent act. Canadian law generally recognizes the concept of “vicarious liability”. This is a legal precept which makes an employer − which often does have insurance or assets − “vicariously” responsible for harm caused by his employee. So, in theory, yes, the club may be held responsible.

Releases and Assumption of the Risk

There are very few legal doctrines that are not subject to exceptions, and vicarious liability is no exception. Two are most likely to be raised as defenses to a lawsuit brought after the accident described above:

Release
Remember the paperwork you received and signed when you joined the club in January? You probably paid the most attention to the club’s fees and renewal policy. However, it’s likely that somewhere in what you signed was a preprinted waiver, by which you probably agreed to release the club, its owners, and its employees from responsibility for injuries. If the release’s wording is broad enough, this can even include cases such as our example above in which one of the parties released was negligent.

Assumption of Risk
As the term implies, “assumption of the risk” means a willing agreement to take all risks of injury (and, possibly even death) associated with gym activities. It’s likely that a contract, especially one used by a large chain of clubs, will contain the assumption of risk language.

Are These Clauses Legally Valid?

As a general matter, release and assumption of risk clauses are valid in Canada. Again, however, there are some important exceptions:

    • A purported release of any party for the consequences of intentional misconduct or gross negligence. “Gross negligence” generally refers to an exceptional departure from the standard of conduct one would expect a reasonable person to exhibit in the circumstances.
    • Canadian contract law follows the principle that ambiguous provisions are to be construed against the party who drafted them. If the release or assumption language is ambiguous, its effect may be limited or even ignored.
    • The release was hidden in the contract documents such that the member could not reasonably be expected to see it. This is why most club contracts require the member to sign the page containing the release language.

Alberta Personal Injury Lawyers

If you’ve been injured at the gym by the carelessness of an employee or even another patron and want to know if you have a legal claim, you need to consult an experienced lawyer who can thoroughly analyze the effect of your club’s contract and the circumstances of your accident. The team of lawyers at Diamond and Diamond is ready to help. Call our 24/7 injury hotline at 1-800-567-HURT or visit our website to speak to someone now. We offer free consultations and case evaluations. Our team of personal injury lawyers represents clients throughout British Columbia.

FAQ's

Can you sue a gym for harassment?

If you can show that the gym employees caused the harassment against you or that the gym failed in having the right procedures and policies in place to prevent further harassment from taking place, you could have grounds to show in a lawsuit that the gym did not properly protect you from suffering in what is a preventable incident. You need to speak with a lawyer to learn more about your specific case and whether you’re eligible to file suit.

Who Bears responsibility for your safety in the Gym?

In some cases it can be the fault of the gym owner or manager when you get hurt in an accident that could have been prevented. If you were being careless, the manager might argue this was your fault. But if the equipment was dangerous or not properly maintained or a spill on the floor was not cleaned well, these are examples of when you could bring a lawsuit for your injuries.

How to Tell if a Gym is at Fault for Your Injury?

You can sue your gym if there is a reason they are responsible for the injury you sustained. Broken or hazardous equipment, dangerous advice from a personal trainer, broken floors, or objects that caused you to slip and fall are all examples of ways that you could suffer seriously in an accident that prompt you to file a lawsuit.

FREE CASE EVALUATION

Filter by Category