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  • Wednesday, 19 July 2017

What Rights Do You Have If Injured At an Ontario Gym?

#AskSandraZisckind

Gyms and fitness centres are popular throughout Canada. Their popularityprompted lawmakers in Ontario to protect people by including gym membership contracts under the provisions of the Consumer Protection Act. Along with an increase in the number of people using gyms and fitness centresthere is an increase in the number of people suffering injuries while working out and participating in the other activities available under a gym membership. When injuries happen, the injured party might be entitled to compensation.

What happens when someone is injured at the gym?

Participation in sports is responsible for 35 percent of all injuries suffered by Canadians. For those individuals between 12 and 19 years of age, sports participation accounts for 66 percent of the injuries experienced by members of that age group and for 29 percent of the injuries suffered by working-age adults.

Common injuries occurring during gym workouts might include:

  • Muscle strain
  • Stress fractures
  • Tendon and joint injuries
  • Tendinitis

When any of these common injuries happen, it usually means having to take a few days off to rest and recover. However, if a serious injury is the result of the condition of the equipment, the premises, the coaching of a personal trainer or some other factor under the control of another person or entity, an individual might be entitled to seek compensation.

Suing the gym for damages

Owners of a gym have a responsibility to maintain the premises in a condition that does not cause injury to others. The Owners’ Liability Act makes Ontario property owners and occupiers liable for injuries occurring on their premises due to their failure to take reasonable care to ensure the safety of people lawfully using the facilities.

Among the conditions for which a gym owner might be liable under the Owners’ Liability Act are the following:

  • Poorly maintained fitness equipment
  • Wet floors
  • Broken fitness equipment
  • Hazardous objects or conditions
  • Loose floor mats
  • Lack of first aid and emergency medical equipment
  • Failure to post warnings and instructions for use of saunas and other equipment

Individuals injured due to conditions created or left uncorrected by the owners of a gym should speak to a lawyer about the facts and circumstances to determine if there is a right to compensation.

Assumption of risk

There is a risk of injury in many of the activities people engage in at a gym or fitness centre. A person using a particular piece of gym equipment assumes the risks normally associated with the activity. Under such circumstances, the owners of a gym would probably not be liable if a person suffers an injury when trying to lift more weight than he or she was capable of handling.

However, if the member was being supervised by a personal trainer provided by the gym, the individual might have a claim for damages against both the gym and the personal trainer depending upon the facts and circumstances under which the injury occurred. For example, if the weight was set up by the trainer and not by the member, the member could not have assumed a risk of which he or she was unaware.

Experienced Ontario personal injury lawyers

The personal injury lawyers at Diamond and Diamond provide experienced legal advice and superiorrepresentation in pursuing compensation for individuals injured during activities at gyms and fitness centres.Call our 24/7 personal injury hotline at 1-800-567-HURT or visit our website to speak to one of our team members. We offer free consultations and case evaluations and have offices throughout Ontario.

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