Gym Slip and Fall Incidents That Happen During the Winter
No one likes to bring Mother Nature’s nasty conditions indoors, especially gym-goers. When those who work out at a gym or fitness club come inside to exercise during the winter months, they may bring in some of the snow and ice that gets stuck on their footwear. This can cause slippery conditions for other gym members who are coming and going, not to mention the ones who are working out.
Slick Conditions in the Gym
Slip and fall accidents are one of the most common injuries that occur in gyms and fitness clubs across New Jersey and the U.S. Thousands of people are hurt each year because of floors that are negligently managed and poorly maintained. Those problems are magnified during the winter because of all the snow and ice that is unsuspectingly dragged through the door by people looking to work out.
When someone is injured at a gym, the liability waiver that a gym member signed when he or she first joined usually prevents them from suing the gym if they are injured while working out. However, slip and fall incidents are different.
A slip and fall accident, especially one that occurs at a gym, is typically preventable. Gym owners are always expected to keep their premises safe for all members. That isn’t any different in the winter. When people come into the premises with footwear covered in snow and ice, they will leave a slick trail as they walk through the gym. This could be dangerous for other gym members who aren’t aware of the slippery conditions.
It should be the responsibility of the gym owner and his or her staff to make sure the slippery conditions are taken care of and made safe for gym members. Otherwise, the lack of action to remedy the situation is considered negligence under New Jersey’s premises liability laws.
What About Waivers?
Like we mentioned earlier, a liability waiver may prevent a gym member from suing the gym if he or she is injured from working out. Do liability waivers actually impact slip and fall incidents that occur in a gym? More importantly, do they hold up in court?
- Total Waiver of Liability: These are designed for a gym to be free of all liability for any injury that occurs on its premises.
- Waiver for Intentional Acts: Courts have found attempts to avoid legal claims for intentional or reckless conduct that injures someone unconscionable or against public policy.
- Waiver for Negligence: Courts will generally enforce waivers for injuries caused by the gym or its employees’ own negligence.
If the slip and fall injury was not your fault, you should be able to file a lawsuit.
Contact the Law Offices of Anthony Carbone
The Law Offices of Anthony Carbone recognizes 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.