How To Make A Gym Accident Claim
If you’ve suffered an injury while at the gym, we can help you claim compensation
£70 million in compensation
How To Make A Gym Accident Claim
Find out more about making a public liability claim with one of our expert personal injury solicitors.
When we use gym facilities, we expect the equipment to be fit for use, the premises adequately maintained and the staff adequately trained to provide a safe environment for all visitors. When those things do not happen, accidents can occur. This guide looks at who could be eligible to make a gym accident claim.
You will see information on the eligibility criteria for making a public liability claim, the duty of care owed by the gym to its customers, and some examples of accidents that can occur when this duty is not met.
Also included in this guide is an explanation of how personal injury compensation is calculated, with a compensation table to aid your understanding. The final section looks at the No Win No Fee agreement offered by our highly experienced solicitors.
If you’d like to check if you’re eligible, we can provide a free assessment of your eligibility to claim gym injury compensation. To get in touch, use the contact details given above.
Can You Make A Gym Accident Claim?
A gym owner is responsible for the safety of all visitors to their premises. As occupiers, they are required to take steps to ensure the reasonable safety of those visiting the gym according to the Occupiers Liability Act 1957.
The eligibility criteria to begin a gym accident claim are as follows:
- You were owed a duty of care by the party in control of a public space.
- They breached this duty by failing to take steps to ensure your reasonable safety.
- You suffered injuries in an accident as a result of this breach.
Common Injuries From A Gym Accident
Certain injuries can be caused if a gym does not uphold its legal obligations to those using the facilities. The presence of weights and gym machines makes certain types of injury more likely, including:
- Muscle tears, ligament damage and other soft tissue injuries.
- Fractured arms and legs.
- Crush injuries.
- Spinal damage.
To get more information on the gym accident claims process or for a free assessment of the validity of your potential claim, call our team today using the number provided above.
Do I Need Evidence To Make A Gym Accident Claim?
In this section we look at the evidence you can use to prove the gym breached their duty of care. This evidence will also inform the compensation you may be entitled to by highlighting the extent of the harm caused.
Here’s some advice to help you prove a gym accident claim:
- We always advise people to seek proper medical attention following an injury. While the first concern is, of course, your health and well-being, medical records such as scans, test results or notes from physical examinations are strong evidence.
- Keeping a diary during this treatment is also a good idea. Make note of any symptoms and their effects on you.
- If available, you can request a copy of the gym’s CCTV footage.
- It is also a good idea to take photographs of the scene of the accident and your injuries.
- Other gym goers could provide a witness statement if they saw what happened so take down the contact information of anyone present so they can be interviewed at a later date.
You may benefit from working with one of our dedicated personal injury solicitors when gathering evidence. If your potential claim is deemed valid, then one of our advisors could connect you to a specialist solicitor. As well as supporting you when gathering evidence, they will make sure your claim is brought within the relevant time limit.
For further guidance on the evidence you can use to support your claim or for a free consultation regarding your eligibility, contact our advisory team today.
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What Are Common Causes Of Gym Accident Claims?
This section examines how an accident in a gym could take place. This is not an exhaustive list so if we haven’t covered you particular circumstances here, don’t worry. You could still be eligible to claim and should contact our advisors for a free consultation.
Possible examples include:
- The gym did not regularly inspect its equipment, so a fault with a pulldown machine was missed. The machine arm collapsed while you were doing your set, causing a serious fracture in your shoulder.
- A water leak in the gym bathroom had not been repaired nor had a warning sign been put out. You slipped on the wet floor and hit your head on the sink, resulting in a major concussion.
- A staff member had given poor instructions for the use of a weight-lifting machine
- While in an exercise class, circuit stations were not properly spaced apart, leading to another person in the class hurting you with equipment.
This is by no means an exhaustive list, but reflects some of the incidents we commonly deal with. If you’d like to check if you can claim compensation following an accident at the gym, please call us on the number above.
How Much Compensation For A Gym Injury Claim?
Compensation in a gym accident claim can be paid out under two heads of loss; general and special damages. These compensate for physical and psychological harm, and financial losses, respectively.
We’ll cover special damages below, but when calculating a possible general damages figure, the legal team assigned to this task can refer to your medical documents alongside the figures from the Judicial College Guidelines (JCG).
The JCG publication contains guideline compensation amounts for various injuries. You can see a relevant selection of these figures here. Please be advised that the top entry is not a JCG figure.
Compensation Table
It is important we emphasise that this table is intended as guidance only.
| Injury Type | Severity | Guideline Compensation Value | Notes |
|---|---|---|---|
| Multiple Very Severe Injuries With Significant Special Damages Payments | Very Severe | Up to £500,000+ | Multiple very severe injuries as well as significant financial losses including lost pay, care needs and medical expenses. |
| Brain Damage | Moderate (c)(ii) | £110,720 to £183,190 | Moderate to modest deficit of intellect, greatly reduced ability to work and a significant epilepsy risk. |
| Chest | Total Removal of One Lung and/or Serious Heart Damage (a) | £122,850 to £183,190 | Complete removal of one lung and/or serious heart damage resulting in permanent scarring and prolonged pain and suffering. |
| Epilepsy | Established Petit Mal (b) | £66,920 to £160,360 | Epilepsy awards depend on the effectiveness of medication, the impact on daily life and the prognosis. |
| Other Arm Injuries | Permanent and Substantial Disablement (b) | £47,810 to £73,050 | Serious fractures in one or both forearms resulting in significant and permanent residual disability. |
| Less Severe (c) | £23,430 to £47,810 | A substantial recovery will have occurred although disabilities will have been significant. | |
| Leg Injuries | Less Serious (c)(i) | £21,920 to £33,880 | Fractures from which incomplete recovery is made or a serious soft tissue injury. |
| Less Serious (c)(ii) | £11,120 to £17,180 | Simple femur fracture with no articular surface damage. | |
| Less Serious (c)(iii) | Up to £14,450 | Simple tibia or fibula fractures or soft tissue damage. | |
| Foot |
Special Damages
As we mentioned above, financial losses that stem from your injuries can be compensated under special damages. Special damages payments are not simply for initial costs, they account for the long-term impacts of your injuries and the impact on your daily life.
It is very often the case special damages compensation will be higher than that paid out under general damages. We have provided some possible examples here:
- Loss of earnings due to absence from work.
- Medical expenses such as prescription medications, therapy or counselling and other out-of-pocket medical bills.
- Travel costs if you have been medically advised not to, or are unable to drive.
- Domestic care and support such as with food preparation, cleaning or the upkeep of your outside space if you cannot carry out these tasks safely on your own.
- The cost of accessibility modifications to your home. For example, ramps or stairlifts.
You will need to provide some proof of these losses, so be sure to acquire copies of your payslips, invoices and other bills.
As personal injury claims are valued individually, we cannot guarantee a payout amount at this stage. To get a more in-depth and personalised estimate of what your potential claim could be worth, call us to talk with our dedicated advisors today.
We pride ourselves
on providing the best service
possible for our clients.
We pride ourselves on providing the best service possible for our clients.
Why Claim Gym Accident Compensation Using A No Win No Fee Solicitor?
Working with one of our No Win No Fee solicitors if eligible to claim will benefit you greatly. Not only do our solicitors have years of experience in handling personal injury claims, they can offer their services under a Conditional Fee Agreement (CFA).
The CFA presents claimants with considerable benefits, including:
- Not paying an upfront fee to the solicitor to begin work on the claim, in most cases.
- No fees for that work during the claim itself.
- In the event the claim fails, there will be no fees for the work done on your claim.
Should the claim succeed, you will receive a personal injury compensation award. A percentage of this payout will be taken by the solicitor as their success fee. But because the amount that can be charged as a success fee is capped by law, most of the compensation award is yours to keep.
You can speak to our advisors at any time to ask questions about the contents of this guide. The time can also provide a free assessment of your eligibility to claim. To get in touch, use the contact details given above.
Learn More About Making Personal Injury Claims
You can read some more of our public liability claims guides here:
- Read our guide on making a pothole accident claim here.
- Find out more about claiming council and local authority compensation with this guide.
These external resources provide additional information that you may find helpful:
- The NHS has published this guidance on providing first aid after an incident.
- You be eligible for Statutory Sick Pay if you take leave from work to recover from your injuries. Find out more on the Government website.
- Learn about the work of the Royal Society for the Prevention of Accidents (RoSPA) on their website.
We’d like to thank you for taking the time to read this guide on making a gym accident claim. You can get further guidance on any of the topics covered here by speaking to our advisors. The team can also provide an assessment of your eligibility to claim free of charge. Get in touch today using the contact information given above.
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