Can You Pursue a Claim if You’re Hurt at a Health Club in New Jersey?
Posted November 27th, 2018 by Anthony Carbone, PC.
Categories: Personal Injury.
Now that the Thanksgiving festivities are behind us, the next set of holidays begins. Before you know it, you’ll be on to making resolutions in anticipation of the new year. Does this mean deciding to start a workout program? Of course, this, unfortunately, puts you at potential risk. So, what happens if you’re hurt at a health club?
No doubt you won’t examine the fine print when you make the critical decision to sign up for the gym. Although the health club’s sales representative may explain that you are signing waiver agreements, you may just follow instructions to initial where indicated.
The bottom line is that most resolutions come with fortitude. And, even if your particular goals are unrelated to the new year, you surely have one objective. You plan to get fit and healthy – and to do so as safely as possible.
- However, here’s something critical that you should know. Just because you sign a disclaimer does not mean that the health club is exempt from a negligence claim. They can be found liable for many types of actions or inactions.
Health Clubs and Liability Claims
For beginners, let’s start with the idea that you could suffer a cardiac event as you embark on your new workout routine. All things considered, this would not necessarily suggest a liability claim against the health club. However, there is one important consideration.
Health clubs have particular legal requirements when it comes to maintenance and use of defibrillators. In fact, NJSA 2A:62A-31 mandates that gyms house at least one external AED and also have someone on staff who knows how to use it. Of course, there’s also the issue of maintaining and servicing the equipment.
It bears repeating that defibrillators are intended to save lives. A health club’s failure to follow the law could, unfortunately, contribute to a fatality.
- In the meantime, there are other types of liability claims that can be pursued against a health club. For example, snow and ice are indeed in the upcoming forecast. If you slip and fall in your gym’s parking lot, you might be able to pursue a premises liability action if they did not clear the premises on a timely basis.
What about hazardous conditions in the locker rooms? Many fitness clubs regularly conduct maintenance and safety checks to ensure patrons are not at risk. However, what if the floors are slippery and you slip and fall because they failed to do so?
These are just some examples of reasons you might be able to pursue a negligence claim against a health club. Truth be told, your claim might extend to a product liability action if there are problems traced back to the manufacturer of gym equipment.
At the Law Offices of Anthony Carbone, we applaud your decision to partake in activities at the health club of your choice. Nonetheless, we recognize that any injury can change your life. Even if you recall signing a waiver of any kind, you may have a cause of action. Give us a call to see how we can assist you.
- CALL NOW: 201-829-3805