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Can I make a claim after being injured in the gym?

When you work out in the gym, there are always risks that you undertake. In order to get more fit, you must put your body under some type of strain, and, ideally, you should perform cardio vascular activities by working to increase your heart rate. In addition, when weight lifting, improvement can only be gained by steadily increasing the weight in order to push your body further.

In this way, a large part of injury prevention in the gym comes down to common sense and taking responsibility for the stress that you put your body under. It requires that you take the gym seriously and understand the risks. However, there are times when the gym itself is completely responsible for the injury to one of its customers.

When is the gym responsible?

The gym must look out for the safety of customers at all times. This means that they must make sure that the gym is a safe space, and they should develop policies and procedures for the maintenance of gym safety.

Therefore, if a piece of equipment is faulty and there has been no "out of order" sign placed upon it, it will most likely be the gym's fault if a user becomes injured and files a liability claim. Similarly, trips and falls due to broken mirror glass, spilled water, or abandoned weights will also most likely be ruled the fault of the gym, since the gym staff should be constantly checking for hazards such as these.

How is liability determined?

Liability law is applicable to all properties that hosted a visitor. The first factor of liability law looks at the legal status of the visitor. For example, if the person using the gym was a trespasser on the property rather than a paying member, the case may be assessed differently. In addition, the foreseeability of the accident is assessed, and it is considered whether gym staff could have realistically prevented or predicted the incident.

If you have been injured in a South Carolina gym, it is a good idea to question whether you believe the staff could have prevented the incident before taking action.

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