Hotel Gym Injury – Who is Liable
Who can you hold liable for your suffered injuries while working out in a Baltimore area hotel gym? In certain circumstances, the hotel may be held liable. If you’re staying in a hotel, the hotel management, property owner and/or the gym owners have a duty of care to you. They owe you a duty of care to keep the premises in safe conditions.
Even if there are signs declaring that you assumed the risk while working out, or if the hotel gym is unattended, the hotel management team or gym owner may still be held liable for injuries you sustained while working out on their gym facilities. It is a good idea to contact a personal injury attorney to discuss your potential premises liability case.
The Hotel Management Has A Responsibility for Safety
It’s important to understand that when you stay in a hotel, you’re paying for the service, you’re paying for a reasonably safe environment, and the hotel management is aware of this. If there’s a gym in the hotel, kids of all ages and adults of all fitness levels will use it.
Regardless of any disclaimer they present to you, it is still their duty to ensure that the conditions are safe. And if they breach that duty of care, if they do not supervise it, and if they leave it in a hazardous condition and you are hurt, you can be compensated.
If you get hurt while working out at the gym, it may have an impact on your life, just like any other injury. You will incur medical expenditures for the medical treatment you require for your injuries. You might miss work. And, depending on the degree of your injuries, you could have extensive pain and suffering.
What if You Signed a Written Liability Waiver Agreement
Even if you signed a written waiver agreement, that doesn’t mean you can’t sue the hotel. The essentials of a typical written agreement are that it informs the injured party he or she is assuming all risks and they release the hotel management from any liability for injuries suffered while using their facilities.
If the gym equipment was faulty or improperly functioning, the hotel management could still be liable. They may attempt to avoid liability by showing that you knew and understood the conditions of the gym before using it and that you voluntarily accepted those risks when you signed a release form.
If there is anything on the liability waiver or warning about injuries caused by malfunctioning gym equipment, show it to your lawyer. A good personal injury lawyer will argue that your injuries were due to the hotel’s negligence, not yours.
Even with a signed written waiver of liability, the hotel management team is still responsible for the injuries that happen in their gym due to the hotel management’s negligence or upkeep of the equipment.
Example of a Hotel Gym Injury
A guest at a hotel is injured while working out in the fitness center. The hotel has posted several signs that warn that all risks are assumed by anyone who works out on their fitness equipment. The main sign says “Our staff will be present throughout your stay, however, due to the fact that we provide top-of-the-line equipment by a well-respected equipment manufacturer, you assume all risk of injury associated with your use of the equipment. We will not be liable for any injury or damage to personal property including clothing or equipment used at this facility”. The hotel has also posted signs that warn against using weights without first consulting an instructor or personal trainer.
Liability depends on the situation of the gym injury
Can the hotel management escape liability for the injuries sustained by a guest? The answer is yes and no. The important question is what caused the injury?
The injury was caused due to ordinary negligence by the guest
If the injury was caused due to ordinary negligence by the guest, then yes, the hotel may not be held liable for the injuries. The hotel management could successfully argue that:
The guest assumed the risk of using weights without first consulting an instructor. There were signs posted clearly warning against exercising without getting proper instruction.
The general rule is that all of the risks or perils incident to fitness activities are assumed by the person who engages in them; however, note that assumption of risk is not total. In order for a plaintiff to be held responsible for their injuries solely on the basis of ‘assumption of risk’, the plaintiff must:
- have actual knowledge of the risks involved; and
- must voluntarily engage in the activity with full appreciation of those risks.
The injury was caused by broken equipment in the gym
If the injury was caused by a malfunction or faulty equipment, “assumption of risk” defense is viable. The hotel management team failed to prove that the injured guest had actual knowledge of the dangerous condition and all the risks involved with using weight lifting equipment. In addition, there were several instances where a person would be unaware of certain risks. For example, it is commonly known that improperly maintained exercise equipment can cause injuries to unsuspecting individuals. The management team failed to prove that the plaintiff (the guest) had full appreciation and knowledge of all risks involved with using exercise equipment.
Contact a Baltimore Premises Liability Lawyer
If you or a loved one were injured in a hotel gym or any private facility in the Baltimore area, you may have a personal injury lawsuit. Call the Law Office of John J. Leppler at (443) 955-1989 for a FREE consultation to discuss. John will advise you on your legal options, and work with you to determine the best course of legal action. If you choose to work with John, he will fight the insurance company hard and refuse to accept a low-ball settlement. His commitment is to help you get the compensation you deserve!