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Yes, if you are injured while working with a personal trainer, whether you’re in the gym or at home, you can file a personal injury claim for damages, citing personal trainer negligence. However, to win your personal injury lawsuit, you must prove that your injury resulted from a failure of their duty of care for your safety.
These cases can be complicated to prove, as there may be a question of whether your own actions contributed to the injuries claimed in your suit. Before you sue a personal trainer, consult with our West Palm Beach personal injury lawyers to learn your legal options.
Gym-related injuries are more common than you think
Gym-related injuries are pretty common, although many of them are due to “user error,” such as the gym goer’s overestimation of their abilities, using the equipment incorrectly, or poor form. However, there are many instances of fitness centers being negligent in caring for the safety of their members, or of personal trainers not taking proper care to prevent injury to their clients.
A slip-and-fall accident, for example, is an example of facility negligence, as spills should be cleaned up promptly or signage posted near slick areas. A lifting injury under the supervision of a licensed personal trainer may also be a case of negligence, as the trainer should ensure that their client is using the equipment or weights correctly and that they are lifting an appropriate amount of weight.
Florida laws covering gym and trainer-related personal injury claims
Most gym-related personal injuries are governed by Florida’s premises liability laws, which hold property owners and managers, and their agents (like personal trainers) accountable for harm visitors suffer on their premises. So, when you file a lawsuit, you may name both the trainer and the facility as defendants.
Premises liability is the legal responsibility that gym owners and their agents, like a trainer, have for accidents and injuries that occur on the premises. Gym members are considered “invitees,” meaning that they are invited on the property to use the facility. Fitness centers owe invitees the highest duty of legal care, and must maintain a safe, clean facility free from hazards. Failure in this duty of care leaves the facility and any contributing agents open to liability.
Gyms can also be open to liability for failure to supervise; if the facility provides fitness instructors or personal trainers, then they must ensure these trainers are qualified and supervise them to minimize the risk of injuries during workouts.
What if I signed a liability waiver?
Most Florida fitness centers have a liability waiver as part of their membership contract and certain terms and conditions that members must abide by, including taking appropriate responsibility for their own safety.
A liability waiver may impact your ability to sue, or may contain an arbitration clause that requires members to settle personal injury claims in arbitration, instead of court. Bring your contract to your personal injury attorney; while a liability waiver isn’t a complete barrier to compensation recovery, it may be a challenge that your lawyer needs to address to pursue your claim.
Florida law recognizes that individuals have the right to seek compensation for negligence-based injuries incurred at a fitness center if the gym or trainer’s actions or omissions amount to gross negligence.
The role of liability insurance in personal trainer lawsuits
General liability and personal trainer insurance factors into your personal injury suit. Fitness facilities typically have general liability insurance, which covers accidental bodily injuries or property damage that occur on the premises, such as a member tripping or slipping and falling on the premises, or a piece of equipment hitting or falling on them.
Trainers may have their own professional insurance coverage, which pays for claims related to injuries or financial losses caused by their advice or services, such as a client being injured by improperly used equipment or suffering harm from a personalized fitness plan.
Once you file your lawsuit, the gym and trainer notify their respective insurance carriers. The insurance company (and its legal department) will perform an independent investigation of the case and will likely contact you for a statement.
Don’t talk to the insurance company without your lawyer. Better yet, refer the insurance carrier to your lawyer, and let them handle all the conversations. Insurers seek any reason to deny or minimize your claim and will twist your statement into an admission of fault, so they can deny your claim.
It’s important to work with an experienced Florida personal injury attorney, someone with demonstrated experience winning complex premises liability claims.
Talk to a personal injury attorney about your trainer lawsuit
Injuries from personal training sessions can be serious and sometimes legally actionable. You may have the right to file a personal injury claim against the trainer, gym, or both. Even if you signed a liability waiver, Florida law may still allow you to seek compensation in cases involving gross negligence.
Have you suffered an injury during a personal training session and need to learn more about your rights to file a claim for compensation? Call Lytal, Reiter, Smith, Ivey & Fronrath today at (561) 655-1990 for a free consultation with an experienced personal injury attorney.