Can I Sue a Gym After Signing a Liability Waiver?

It is standard procedure when you enroll in a gym membership that the facility first requires you to sign a liability waiver. You may think nothing of this initially, as you may never imagine yourself being in the middle of a serious accident during your routine workout. However, when this hypothetical becomes a reality, you may be unsure what your legal options are, or if you have any to begin with. In this case, please follow along to find out whether you can still sue your gym even after signing a liability waiver and how a proficient Passaic County slip and fall lawyer at the Law Offices of August R. Soltis can deduce whether you have a valid legal claim on your hands.

What are the typical terms and conditions within a liability waiver?

Generally speaking, your gym’s liability waiver says that you assume the inherent risks associated with the physical activities you will perform in their facility. At the same time, the facility waives its liability should you participate in such an activity that ends in bodily injuries and property damages. More specifically, it will not assume financial responsibility over your incurred economic and non-economic damages that result. At the same time, it may outline the facility’s rules and instructions on properly using the equipment, so your adherence can help you avoid any accidents.

Can I sue a gym for my injury even after signing a liability waiver?

You must understand that while a liability waiver is intended to protect a gym facility, it does not necessarily make them immune to all potential personal injury lawsuits. You may have a legitimate legal argument on your hands, which can be identified with the help of your employed attorney. For one, your attorney may read through the liability waiver to determine whether the language is clear enough. By pointing out this ambiguity, the New Jersey civil court may interpret its terms and conditions in your favor and against the party who drafted the vague, unspecific, confusing, and contradictory waiver.

Or, you may make a solid case in that the gym facility exhibited gross negligence in the lead up to your personal injury accident. Of note, this differs from ordinary negligence in that it involves a reckless disregard for the safety and well-being of yourself and others. This is a difference between failing to inspect a piece of gym equipment with hidden faults or defects versus blatantly disregarding equipment that is evidently broken. Or, you may go as far as accusing the defendant of intentional harm. This may be if an employed trainer encourages you to participate in dangerous exercises. Either way, liability waivers cannot and will not shield a gym facility after exhibiting gross negligence or intentional harm.

We can sympathize with how daunting this whole legal battle may be for you. Well, lucky for you, the team at the Law Offices of August R. Soltis has successfully gone through this countless times before. So please, retain the services of a talented Passaic County personal injury attorney today.