Americans are obsessed with fitness. Gyms and fitness centers are now almost as ubiquitous as grocery stores and gas stations. Besides classes for yoga, Zumba, Pilates, spinning, hooping and other flab-burning classes, there are kick boxing, mixed martial arts, judo and at least a dozen other types of self-defense classes. While the fitness craze has helped many people shed excess pounds and get healthy, it has also resulted in a growing number of injuries. With these injuries come questions about whether these facilities or instructors can be held liable for injuries sustained by participants in their classes.
Injured in a fitness class: WI personal injury settlements Free law consult for fitness class injuries
About those waivers and disclaimers you signed
If you’ve been injured in a fitness/training class, our Milwaukee personal injury attorneys have good news and bad news.
Let’s start with the bad:
When you first join a gym, or sign up for a fitness class, or even stop in for a free trial of a facility, you’re always asked to sign a waiver of liability form. You’ll likely be told it’s just the “standard paperwork” all fitness facilities require someone to sign. You either sign it or you’re denied use of the facility.
By signing a waiver of liability, you agree to “willingly assume” all the risks associated with whatever activity you will be participating in, including the risk of serious injury (and, yes, even death). These forms go so far as to state that you will not hold the facility liable for injury caused by defects in the equipment or the negligence of employees or the facility.
Most people just sign on the dotted line, initial where they’re told to initial, and hope for the best. Unfortunately, accidents and injuries can and do occur. When they do, a signed waiver form usually preclude them from filing a personal injury lawsuit. There are situations, however, in which a fitness facility or instructor can be held liable.
When can you sue for an injury at a fitness center?
Now for the good news:
Although the waivers you’re asked to sign before joining a fitness center or taking a class try to shield the facility against liability for anything and everything, these waivers cannot be construed to exempt them from intentional or reckless misconduct by the staff or its customers. For instance, if you’re attacked by another person in your class (or the instructor) or get injured on a piece of equipment the instructor/facility knew was faulty, you have every right to file a personal injury suit.
Waivers and disclaimers exist to protect fitness centers from frivolous lawsuits, but they sometimes go too far in the language they use in an attempt to evade any accountability. These forms can be challenged in court if the language is unclear or misleading about the rights you are being asked to relinquish. Even the size of the font used in the disclaimer can be raised in court, as it may be so small as to make it impossible for anyone to reasonably read and understand.
Request a free legal consultation on your fitness center injury
Because every situation is unique, the best advice we can give here is to consult an attorney—especially if you have a serious injury. Warshafsky Law offers free initial consultations in our office or over the phone, with no obligation whatsoever to have us represent you. We handle cases all across the country, so your location is not an issue.
Don’t worry about the waiver form you signed. We’ll take a look at it, ask you some questions about how you were injured, and give you an honest opinion of whether you have grounds for a personal injury claim or not. If it looks like you have grounds to file suit and decide to hire us, you’ll owe us nothing until you have been fully compensated for your injuries.
With our experience in personal injury law and our board-certified accident investigator, we have built a winning record for thousands of clients. Our knack for finding hidden sources of liability has resulted in record setting judgments and settlements for all types of injuries. When people choose their Wisconsin personal injury lawyer based on the endorsement of a football player or actor, they risk choosing an attorney who has never won more money in a courtroom.
Settlement mills forward your paperwork and take a cut of your damages. Hundreds of times we have prepared cases like yours beyond the brink of trial. Facing unlimited liability AND an expensive jury trial, insurance companies fess up what your case is worth. They HATE when you choose Warshafsky.
