New Year's Resolutions 5 of 5: Get Fit - Injuries at the Gym

     For Eckert & Smestad's fifth and final blog in our New Year's Resolution series, we focused on another very popular resolution: getting fit.  Many people have seen this phenomenon - beginning around January 1 or 2 every year, gym memberships increase drastically, gyms become more crowded, and personal trainers' schedules start booking up.  People who may have little or no experience with personal training and modern fitness equipment venture into the world of fitness, and unfortunately, this can result in severe health risks and injuries.  The way the law treats a person who is injured while exercising at a gym or with a personal trainer can be very different from the way the law treats a person who is injured in another situation.

     Typically, when a person is injured on someone else's property or due to another's negligence, the injured party may recover financial compensation from the property owner or negligent party for the injuries sustained and the effects the injury has had on his or her life.  According to the law in Illinois, one must first prove: 1. that the property owner or negligent party owed the claimant a duty of care, 2. the property owner or negligent party breached, or failed to satisfy, this duty of care, 3. the claimant suffered injuries, and 4. the property owner's/negligent party's breach of duty was the cause of the injuries suffered by the claimant.  These same basic legal principles apply to injuries suffered while at a gym or under the guidance of a personal trainer.  However, there are some very important differences to note.

     First, most gyms have some sort of disclaimer covering its members and customers for injuries they may sustain while at the gym or using personal trainers employed by the gym.  The case of Hussein v. LA Fitness (2013 IL App. 1st) (2013) upheld the applicability of disclaimers to avoid liability on the part of the gym for injuries sustained by its members.  In lay terms, this means that if you sign a gym's disclaimer, and are subsequently injured while at the same gym, the disclaimer is a valid defense the gym can use to avoid having to compensate you for your injuries.  There may be a way to overcome this defense, however, it will require significantly more culpable action, such as possibly willful and wanton, or even intentional conduct, on the part of the gym or its employees.  This is the same with the use of personal trainers.  It is advisable that one reads any disclaimers thoroughly before signing, so that one understands their rights.

     Second, in Illinois and many other states, property owners and negligent party's may assert a defense known as comparative negligence.  This defense alleges that the injured party's own negligence contributed to his/her injuries, at least in part, and any recovery obtained by the injured party should be reduced by the comparative amount of negligence attributed to the injured party.  For example, if you are injured while using a particular piece of gym equipment which you allege was defective, and you were recovered, say, $100,000.00 in financial compensation for these injuries at trial.  But if the gym owner can prove that you were using the equipment improperly, and that this improper usage was 25% of the cause of your injuries, the gym owner would only be required to pay you $75,000.00 ($100,000.00 minus 25%).

     There is also another important aspect of this defense to be aware of.  In this same example, say the gym owner can prove that this improper usage was 51% or more of the cause of your injuries, the gym owner will not be required to compensate you at all.  Again, this is the same with the use of personal trainers.  It is advisable that one knows how to properly use all gym equipment, perform all exercises, and acts with due care for one's own safety while at the gym or using a personal trainer.

*This is attorney advertising, and is not intended to be taken as legal advice, nor is it intended to create an attorney-client relationship. Any advice given in the preceding statement is given as general advice and is not intended to be relied upon as legal advice for any specific scenarios. For specific advice, or for answers to your questions, call Eckert & Smestad (312-789-4810) or call a qualified attorney licensed in your jurisdiction.