Posted on 01 Jan 2019
Breaking more than a sweat: what to do when injured at the gym
Senior Legal Counsel, Public Liability
Did you know that going to the gym and weight training is Australia’s second most popular sporting activity (Roy Morgan)
Whether it’s your first time lacing those gym shoes or you’re a long-time fitness junkee, everyone is vulnerable to the risk of gym and personal training injuries.
Prioritising your health is important no matter your age or previous experience with exercise but exercising at a gym facility or with a personal trainer does come with its own set of risks, and just because you’ve signed a waiver doesn’t mean you’re signing your legal rights away!
The impact of a gym injury
We understand that gym injuries can have a big impact. Many Australians use the gym to stay active, but it's also a place where accidents can happen. According to the AusPlay Injury from Sport and Physical Activity Report (PDF 992KB), about 3.47 million Australians aged 18 or older experienced a sports-related injury in recent years (January 2022-December 2022). The risk of getting hurt during fitness activities is real, and these injuries can disrupt daily life, causing problems like lost income, disability, and, in severe cases, even loss of life.
See if you have a Public Liability claim
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Protections for gyms and personal trainers
You may have noticed most fitness facilities and personal trainers will require you to fill out a waiver when you sign up, giving them a high level of legal protection against any injuries you sustain while training.
When you sign a waiver at the gym, you're usually agreeing to accept responsibility for the common risks that come with gym and fitness activities. This means that the gym may not cover you if you get injured from pushing yourself too hard, accidentally dropping weights, or accidentally hurting yourself.
While waivers do extinguish some rights, it doesn’t take away the legal obligations for providers to operate safely.
Fitness-related injuries that are the fault of the premises such as equipment malfunctions or being pushed too hard by a trainer, may leave you eligible to make a claim.
When is a waiver enforceable?
Even though you’ve signed a waiver taking ‘full risk responsibility’, gym management and personal trainers are still responsible for making sure you’re in a safe environment.
If they haven’t taken appropriate steps to prioritise your safety and you become injured, you may be able to make a claim for compensation to help your recovery.
Some situations include:
If you weren’t properly instructed on how to use equipment: You should be instructed on how to operate each piece of equipment before use.
You are pushed too hard: Personal trainers are responsible for learning what you’re trying to achieve and whether you have underlying weaknesses. If you’re then pushed too hard to the extent of injury, the personal trainer’s duty of care has been breached.
A lack of safety or security: Fitness facilities are responsible for making sure you’re in a safe and secure environment.
Another gym member causes you injury: If a fellow gym member has been negligent and causes you injury, you may have a right of action against them as an individual.
The law is slightly different in every state, but you should be able to make a claim if you have evidence to prove fault or negligence.
What can you claim?
We understand the stress and uncertainty you may be facing after such an injury.
You’re not alone, and getting the right help and taking positive action can help you feel empowered again.
If you have a legitimate claim against a personal trainer or fitness facility, you may be able to claim compensation for:
Medical and related expenses
Personal care needs (rehabilitation needs)
Loss of earning (due to time off work)
Loss of earning capacity (what you now earn compared to what you could once earn)
Pain and suffering (in cases of a significant and permanent injury)
Our experienced approach to helping people with gym and personal training injuries
Public liability law is quite complex, and those not working in this area on a daily basis won’t be able to provide appropriate advice.
We have a high degree of experience and expertise in this area which helps us to provide advice quickly about whether you have a viable claim.
We offer an obligation free first initial appointment, as well as a No Win, No Fee policy*, so you’ve got nothing to lose, to know where you stand.
We’re dedicated to giving you the best support needed to help you get your life back on track again.
I’ve been injured! What do I do?
Following a few simple but important steps following injury can keep you and others safe and make sure you have evidence if you need to make a claim:
A good health outcome will always be more important than a good legal claim in the long run. There should be a staff member available who is trained in first aid, or, if it’s a more serious injury, call an ambulance.
Take plenty of photos / video to capture visual proof of how the equipment and environment was at fault or not safe. Take note of the time, date, address / location, why you were at the facility, how the accident happened and any other important details.
Ask for the names and contact details of people around you who could act as witnesses to your accident.
Report the faulty equipment / environment to the gym operator or personal trainer to prevent further harm to others.
Seek appropriate legal advice if the injury continues to be a problem. To help with the legal process, be sure to keep a record of receipts and any important documentation from medical practitioners, the personal trainer or facility management.
Want to know more?
Talk to one of our friendly team members today
The contents of this blog post are considered accurate as at the date of publication. However the applicable laws may be subject to change, thereby affecting the accuracy of the article. The information contained in this blog post is of a general nature only and is not specific to anyone’s personal circumstances. Please seek legal advice before acting on any of the information contained in this post.
