Raskin & Kremins, LLP
Who's Responsible if You're Injured in a New York Health Club Accident?
Spring often leads many of us to nearby New York health clubs in an attempt to get in shape for summer. This could be one reason why incidences of health club injuries tend to rise during this time of year. So if you are injured at a New York health club, are you solely responsible or could the health club also have some liability for your injury?
When you join or are a guest at a health club, you should be aware that the club does bear some responsibility for ensuring its equipment has been properly maintained and that you have been instructed by health club personnel on the proper use of the equipment. So if you have an injury that stems from improper maintenance or lack of instruction, the club may be held responsible for any ensuing injury.
For example, if you are lifting weights and one of the weights falls off the bar and injures you, the club may be liable. However, if you use the equipment improperly or are careless, the club will probably not be responsible.
When you join a club or use its facilities as a guest, you may be asked to sign a waiver or contract that has an injury disclaimer. Be sure you read this carefully and understand your responsibilities as a member or a guest.
However, if that disclaimer is not obvious – if it is written in tiny type or obscured on the back of a contract – the health club may still bear some liability for injury.
If you are injured at a New York health club, be sure that you carefully document your injuries and the circumstances under which they occurred carefully. Then consult with a New York personal injury attorney for expert guidance on filing a claim.