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Working out at a fitness facility such as a gym can help you stay in shape and release stress. However, there is an inherent risk of injury that comes with exercising. Most of us cannot afford to build a gym at home, so we join a local gym, pay our monthly dues, and sometimes even hire a personal trainer to assist with a workout plan. Unfortunately, while exercising at these facilities, accidents and injuries can occur due to negligence. In such cases, injured parties wonder whether the gym can be liable for damages. Please continue reading to learn whether you can sue a gym for an injury and how a trusted New York City Personal Injury Attorney can help you fight for the justice you deserve. 

Is the gym responsible if I get hurt while working out?

When you get injured at a gym, the extent to which the gym may be held liable for damages incurred depends on the specific circumstances surrounding the accident. Pursuing legal action can prove difficult in some cases, as the gym membership contract, which stipulates the terms of their membership to the facility, could limit the gym’s liability for certain foreseeable risks associated with gym activities. This is due to the “assumption of risk.” Essentially, your membership agreement specifically states that the gym is not liable for specific injuries that could arise by engaging in exercise. Consequently, the gym will likely not be held responsible if injuries occur from physical exertion, such as muscle cramps, muscle strains from lifting too much weight, and injuries from misusing the machinery.

When can a gym be held liable for damages in New York?

However, there are times in which gyms bear liability for injuries sustained on their premises, including slips and falls, equipment malfunctions, pool accidents, and improperly trained staff. As with other for-profit businesses, gym owners are legally obligation to maintain a safe environment for their members, guests, and employees. This includes repairing unsafe property conditions or providing adequate warnings about potentially dangerous situations to mitigate the risk of accidents and injuries. If they fail to address the hazardous conditions on their property within a reasonable time frame, resulting in a severe injury, the gym can be held liable for their negligence. However, injured parties are responsible for satisfying the burden of proof, meaning they must demonstrate that the gym’s negligence was the direct result of their injuries.

To determine whether you have a valid claim, please don’t hesitate to contact a skilled New York City personal injury attorney. At Swerling Law, we are prepared to help you investigate the circumstances of the accident and gather evidence that enables you to hold responsible parties accountable for their negligence. Allow our firm to represent your interests today to maximize your chances of recovering monetary compensation for your damages.


To a man who was assaulted at a restaurant and sustained a traumatic brain injury.


Settlement to a barista who slipped and fell on a defective stairwell while working for Starbucks who sustained back injuries requiring multiple surgeries in 2012.


Settlement to a woman who was assaulted and sustained back/hip injuries in 2015.


To a man who sustained back injuries when he was a passenger in the car that rear ended another car.


Verdict to a high school student who was assaulted by a school dean during her lunch period dislocating her hip in 2014.

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