Gym Injury Compensation in Brisbane, The Gold Coast & QLD
In Queensland our local gyms associate themselves with a healthy lifestyle, but they do present certain risks to users and members. Any engagement with physical exercise or straining your muscles can lead to injury, and it’s important to know your rights when it comes to gym injury compensation...
Frequently Asked Questions About Gym Injury Compensation Claims
In What Situations Can I Claim Compensation For Gym Injuries?
Not all injuries in the gym would make you eligible for compensation.
Some cases that constitute a breach in the gym’s duty of care might include:
- Personal trainer negligence - It’s the responsibility of a personal trainer to arrange exercises that help you meet your fitness goals, but they can’t put you at risk. If an instructor ordered you to lift a particular weight beyond your range, and you injured your arms in the process, this would be a case of negligence. The gym did not adequately protect you, and a reasonable person would deem the injury a likely result.
- Faulty or broken equipment - Again, a gym would have breached their duty of care if equipment is faulty or broken yet still made available for use. If a cycling machine had poorly supported legs, and you were to fall while exercising and be injured, you would again be owed due compensation.
- Other gym members causing injuries - There are instances where the actions of another gym user cause injury, and you may be entitled to a gym injury compensation claim. If another patron were to drop weights on your foot and caused serious injury, the gym may be deemed to have breached their liability.
What If I Am At Fault And Responsible For My Injury?
There are some situations where you would be deemed at fault and therefore not eligible for compensation. The key responsibilities you hold to avoid causing injury yourself include:
Use gym equipment in its proper, intended way – If you decided to do push-ups on a treadmill, or sit backwards on a cycling machine, you will be deemed at fault. While this may seem obvious, being unsure of how a machine works isn’t an excuse; it’s your responsibility to ensure you’re using equipment properly.
Know your limits – If you set the tension on a rowing machine too high and pull your back, sadly you will again be deemed at fault. The best way to ensure you stay safe is to stay within your limits.
Be upfront with medical conditions and injuries – A personal trainer can only offer advice on exercises within your means if you fully disclose any medical conditions or injuries that may put you at risk of further harm.
What If I Am At Fault And Responsible For My Injury?
If you’re unsure if an injury you’ve sustained was a breach of your responsibility or the gym’s, The Personal Injury Lawyers’ free case assessment can help clarify your situation.
I Signed A Waiver, What Happens To My Claim?
A waiver can often mislead gym patrons of their rights. While a waiver can persuade you from not claiming compensation for injury, the gym has not forfeited their owed duty of care.
If you feel they have been guilty of negligence, a waiver has no legal power to prevent you from suing.
What About Unmanned And 24-Hour Gyms?
24-hour gyms can also blur the lines of liability, but your responsibilities listed above will usually help determine who is at fault.
If you decided to try running on a treadmill for the first time while recovering from an Achilles injury, and you tore the tendon, you would still be deemed at fault.
The best course of action is to ensure your exercises are kept well within your range when the gym is otherwise unoccupied.
How Can The Personal Injury Lawyers Help With A Gym Injury?
Our lawyers are committed to ensuring you’re suitably compensated for your situation. Starting with our free claim assessment, our experts will identify who is liable in your case, and stand by your side through the entire process for your gym injury compensation.
For further peace of mind, read more about our no win no fee guarantee to ensure you get back on track as smoothly as possible.
Chat, call, email, or let us assess your claim. There is no cost, and no obligation.
How Much Compensation Did Other People Get Awarded For Their Injuries?
✔ Check out the helpful compensation claim example case studies by category
Frequently Asked Questions
- How much compensation will I receive for my injuries?
- How is past and future economic loss compensation calculated?
- What injury compensation or damages am I entitled to claim for?
- If I go back to work after my injury will this hurt my claim?
- When does my workers' compensation claim come to an end and what happens then?
- How can I find out quickly if I can make a compensation claim?
- What are emotional distress damages in personal injury cases?
- Are there time limits for bringing a claim for injury compensation in Queensland?
- How will my common law claim run and how long will it take?
- Is my compensation or damages payment taxable?
- What care and assistance can be claimed for in a personal injury claim in Queensland?
- Did you know that if you engage a domestic worker in your home, you could be liable to pay compensation if they are injured?
- What if I don't receive a 6% DPI in my Notice of Assessment but I want to sue my employer for my work injuries?
- What's the difference between workers' compensation claim & a common law claim for damages?
- What is a common law claim for damages for work injury in Queensland?
Looking for more? View all our Frequently Asked Questions. Remember if you have a question it's free and you under no obligation to chat with our Lawyers online, by phone or email. Better to answer that question and know than it go unanswered. Contact us today.
✔ There is only a small window in which you can make compensation claims in Queensland
✔ Even if you think your actions may have contributed to your injury, you may still have a claim well-worth pursuing
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