Have you been injured in the gym? You might be wondering who is at fault and how you could claim compensation. This guide on making a gym accident claim will bring you through how to claim, how compensation could be awarded and how a No Win No Fee solicitor can help.
What You Need To Know
- You could start a gym accident claim if the incident wasn’t your fault
- You could claim for someone else in certain situations
- The gym owner owes you a duty of care to be reasonably safe whilst using their premises
- You could claim on a No Win No Fee basis with our panel
- Generally, most gym accident claims must be started within 3 years of the date of the incident
With the recent rise in popularity of fitness, there is a higher likelihood of gym accidents occurring. To find out if you have a valid gym accident claim, contact us today. Our friendly advisors are happy to answer any questions you might have. Get in touch today by:
- Calling us on 0800 408 7826
- Filling in our online contact us form
- Using our live chat
Frequently Asked Questions
- How Much Compensation Could I Get For A Gym Accident Claim?
- Can I Make A Gym Accident Claim?
- What If My Gym Made Me Sign A Waiver?
- Who Would Be Responsible For Paying My Compensation?
- Common Causes Of Gym Accident Compensation Claims
- The Process Of Claiming For An Injury Caused By A Gym Accident
- Making A Claim On A No Win No Fee Basis
- Learn More
How Much Compensation Could I Get For A Gym Accident Claim?
The amount of compensation you could receive in a successful gym accident claim depends on a few factors, such as:
- The type of injury you suffered
- The severity of your injuries
- Your expected recovery period
Your compensation could be made up of two different types of damages. These are known as general and special damages.
General damages are compensation for your pain, suffering and any loss of amenity (loss of enjoyment from activities). So, if your gym accident has meant you’re unable to engage in sports or activities the way you did before the accident, this will be considered in this head of claim.
Your special damages are compensation for the financial impact of your accident. This can include things like loss of earnings, travel costs or medical costs.
In order for you to be able to claim for special damages, you must have evidence which shows how your accident caused financial losses. Your evidence here could be:
- Wageslips to demonstrate loss of earnings
- Receipts of travel, such as taxi receipts
- Medical invoices for care costs, treatment and prescriptions
When your compensation is being decided, those responsible for determining your sum might consider similar cases that have come before to get a general idea of what sort of settlement you could be entitled to. They can also use documents such as the Judicial College Guidelines (JCG), which is a framework displaying injury categories and compensation guidelines.
The table below offers guideline sums of compensation for injuries you might’ve experienced in your gym accident. It must be stated that the first figure is not taken from the JCG, but all other figures are taken from the JCG. These amounts are suggestive only.
| Injury | Severity | Notes | Compensation Guideline |
|---|---|---|---|
| Multiple Serious Injuries + Special Damages | Multiple Severe Injuries plus Special damages such as loss of earnings, or travel costs. | Cases in this bracket will have experienced a range of severe injuries, plus special damages such as loss of earnings. | Up to £500,000+ |
| Back Injury | Severe (i) | Individuals will show the most severe back injury. Serious spinal cord damage and damage to nerve roots. Cases will show severe pain, and disability as well as impaired function to bladder, bowel and sexual function. | £111,150 to £196,450 |
| Back Injury | Severe (ii) | Cases will show nerve root damage leading to a loss of sensation, impaired bladder, bowel and sexual function as well as scarring. | £90,510 to £107,910 |
| Neck Injury | Severe (i) | Cases in this bracket will have little to no movement in the neck, with incomplete paraplegia. Individuals may need to wear a collar for 24 hours a day over a period of years to fit into this bracket. | In the region of £181,020 |
| Neck Injury | Severe (i) | Cases with permanent damage to the brachial plexus or substantial loss of movement in the neck. | £80,240 to £159,770 |
| Leg Injury | Severe (i) The Most Serious Injuries Short of Amputation | Cases so severe that the court awards a similar sum as that in amputation claims. Individuals may have suffered extreme degloving of the leg, or gross shortening of the leg. | £117,460 to £165,860 |
| Leg Injury | Severe (ii) Very Serious | Permanent issues with mobility, multiple fractures that have taken years to heal. Cases in this bracket will show severe deformity and a limitation on movement. | £66,920 to £109,290 |
| Severe Shoulder Injury | Severe | Damage to the brachial plexus resulting in severe disability. Cases in this bracket may also show neck injuries as a result. | £23,430 to £58,610 |
| Shoulder Injury | Serious | Cases may show dislocated shoulder causing problems with the lower part of the brachial plexus causing pain in the shoulder and neck. | £15,580 to £23,430 |
Can I Make A Gym Accident Claim?
Yes. However, in order for you to be eligible to make a gym accident claim, we must be able to prove three components:
- Someone owed you a duty of care
- They breached this duty
- The breach led to your injuries
The duty owed to you in a public place, such as a gym, is established in the Occupiers’ Liability Act 1957. This piece of law states explicitly that an occupier (who is either the organisation or the person in control of the premises) owes you a duty of care. Their duty is to make sure that any visitors are reasonably safe while on the property.
This can include frequent risk assessments, ensuring maintenance is regularly carried out, and generally upkeeping their premises to avoid causing harm to anyone.
Can I Claim For Somebody Else?
Yes, in two situations, you are able to claim for someone else as these parties are not able to manage the process themselves. This is called a litigation friend, and it is a role where you can act in the claims process on behalf of somebody else.
The two situations where a litigation friend might be used are:
- Claimants who are under 18 as minors can’t claim on their own behalf
- Claimants who lack the mental capacity to claim on their own behalf
Acting as a litigation friend comes with a few responsibilities, such as acting in the best interests of the claimant and discussing the claim with their solicitor.
To learn more about claiming for someone else in a gym accident claim, contact us today.
What If My Gym Made Me Sign A Waiver?
These waivers aren’t always legally binding, and regardless of any contract or waiver in place, if the gym owner or occupier breached their duty owed to you, you could still make a gym accident claim.
If you’re worried about having signed a contract or waiver before you had your gym accident, contact our advisors today, who will be happy to discuss your potential claim.
Who Would Be Responsible For Paying My Compensation?
In a successful gym accident claim, the compensation paid to you would come from the gym’s insurance provider.
Public places, such as gyms or restaurants, require public liability insurance, which is where your compensation would come from.
Common Causes Of Gym Accident Compensation Claims
Below, we discuss a few common causes and examples of gym accident claims.
Slips And Falls
Slip, trip and falls are a common type of gym accident claim. You might’ve been walking towards the changing rooms, but you slip on a towel left in the corridor. As a result, you suffer a broken wrist. To prevent this accident, the gym could’ve supplied towel racks throughout the gym.
Equipment That Is Faulty Or Poorly Maintained
It is the responsibility of the gym occupier to make sure that the equipment is fit and safe for use.
An example of how you might’ve experienced a gym accident due to poorly maintained equipment could be:
- You were using the treadmill, which had a known fault in the emergency stop feature. There was no sign displayed on the treadmill, so you were unaware of this fault. This had previously been reported to the gym staff, but as you go to use the emergency stop button, the treadmill belt continues. You slip , suffering a broken arm and soft tissue injuries as a result.
Inadequate Guidance And Instruction
When you enrol at a gym, you’re usually offered an orientation or a walk-through. This is where the gym staff may show you how to use the equipment.
If you started at the gym, and weren’t offered an orientation, and then you use free weights, you could sustain serious injuries. You might have been using a kettlebell when you suffered a shoulder and neck injury because you’ve not been shown how to safely use this weight.
It is the responsibility of both instructors and the occupier to ensure that gym visitors know how to use the equipment safely, to avoid injury.
Lack Of Safety Equipment And Measures
Your gym should have adequate safety equipment, such as crash mats, in areas where falls are more common. Safety measures can also include appropriate first aiders available to gym users if they need medical help.
Hazards On The Premises
In a gym, there are a number of potential hazards. This could be broken floor mats, posing a tripping risk. Or even spillages, or excess sweat, which could result in you slipping on a wet floor.
Gym owners can perform frequent and often risk assessments to identify the hazards on their premises and take preventative measures based on these to ensure visitors are reasonably safe when using the gym.
The Process Of Claiming For An Injury Caused By A Gym Accident
An important part of any claims process is ensuring that your claim is started within the permitted time limit. You must generally start your gym accident claim within 3 years of the date of your injury.
This rule is established in the Limitation Act 1980. There are, however, two exceptions for which this time limit doesn’t apply:
- Claimants under 18, as minors cannot start or manage their own calim
- Claimants who are mentally incapacitated because they lack the capacity to claim for themselves
It is imperative that, unless you fall into one of the exceptions, your claim is started within the 3-year time limit. If not, you will become statute-barred, thereby preventing you from starting your claim.
Another vital step in the claims process is evidence. This could be different documents or reports which help strengthen your claim.
Evidence helps to demonstrate why your accident happened and that it is the fault of someone else. It also provides information about your injuries which ensures that they are accurately valued. This could be documentation such as:
- CCTV if the accident was caught on camera
- GP or medical records to highlight the extent of your injuries
- Details of anyone happy to provide a witness statement at a later date
Making A Claim On A No Win No Fee Basis
By instructing a No Win No Fee solicitor from our panel, you can expect expertise and support at every stage of your gym accident claim. This specific type of No Win No Fee agreement our panel works under is a Conditional Fee Agreement.
This type of agreement can help you, as it means that you won’t have to pay for your solicitor’s services at the beginning or throughout your claims process.
If your gym accident claim were successful, then a success fee would come out of your compensation as a pre-agreed percentage. This success fee is capped in accordance with the Conditional Fee Agreements Order 2013 to make sure you receive most of your compensation.
However, if your gym accident claim wasn’t successful, you wouldn’t need to pay a penny for your solicitor’s services.
If you choose to work with one of our panel at How Much Compensation, they can help you with compiling supporting evidence for your claim. Not only would they assist you with this, but they could also:
- Ensure your claim is started within the time limit
- Explain legal language and the claims process to you
- Obtaining witness statements to support your claim
- Negotiate with the other party’s solicitors
- Achieve a suitable settlement for you
Our panel have decades of experience acting on behalf of those injured in public liability accidents. Contact us today to get started with your gym accident claim.
Contact Us
We hope that our guide has been useful for you today. However, if you have any questions, you can contact our team by:
- Calling us on 0800 408 7826
- Filling in our online contact us form
- Using our live chat
Learn More
If our guide has been of use today, why don’t you read our other guides on:
- How much compensation for suing a local council
- Start a claim for a dog bite
- How much compensation could you receive for tripping on a pavement
Useful External Resources
- How to make a complaint against your council from GOV.UK
- When to call 999 from the NHS
- NHS guidance on dealing with back pain
Thank you for reading our gym accident claim guide.