Claiming Damages for an Injury in the Gym

by admin on August 12, 2010

When you go to the gym you expect to come out in better condition and shape than when you went in; unfortunately this isn’t always the case. Every day dozens of people sustain injury while in the gym as a result of the negligence of the gym owners and, if you are one of those people, you can look to claim compensation for your injuries and losses.

Your injury could be as a result of: 

Defective equipment or inappropriate and dangerous layout of the gym area such as a free-weight area that is too close to treadmills
Inappropriate training instruction or lack of induction when you join the gym
Infection through spa pool usage where there has been ineffective chlorination or hygiene
Slipping on wet surfaces that have inappropriate ‘grip-factor’; this could be by the pool or in the spa area, showers or changing room.

To ensure the best chances of bringing a successful claim you will need to do the following

Report it immediately to the management and make sure it is recorded in the accident book; don’t just tell whoever is behind reception and walk away thinking that will suffice. You want to see it entered into the accident book and if the accident was a result of defective equipment ask a manager or senior staff member to inspect the machine with you and to record any problems.

 

Get details of any witnesses to the incident, don’t rely upon people remembering things so ask them to give you a written statement as soon as possible

 

Get yourself medically examined; this can mean going to see your doctor or more often than not you will be better off going to your local A&E or medical walk-in centre. You should do this for two reasons:
  To make sure that you have not sustained any serious injuries
So that there is a record of the fact that you sustained injury in the accident; it won’t kill your claim if you don’t get checked-out but it is always easier to obtain medical evidence if you have been examined.

 

Start to keep a list of all expenses you may incur as a result of the accident. This can include medication and treatment costs. If any property such as clothes or spectacles were damaged get quotes for their replacement or repair (don’t throw the damaged item away as the other side’s insurers may want proof of their damage). If you are off work make sure that you obtain sick notes if appropriate.

 

If you need to get a taxi or a bus to go for medical examination or treatment or for any reason get a receipt or keep your ticket; the more you can prove the more you can claim.

 

Likewise if you use your own vehicle then keep a note of any mileage incurred, this can be claimed a set rate per mile.

 

If your injuries are such that your spouse/partner/family or friends have to help you out with everyday activities again, keep a record. You can claim for their help even if that help was given without you paying for it.

 

If you are likely to have some time off work then try and get together payslips for the 13 weeks before the accident; your solicitor will be able to get this information from your employers but it will speed things up if you have them to hand; some employers don’t regard helping you as a priority and their failure to respond can cause problems.

 

The above points will help you claim what are known as ‘special damages’ that is financial losses that can be calculated to the penny.

 

In addition you will be able to claim for what are known as ‘general damages‘. General damages are sums that can not be specifically calculated and, in the main, relate to compensation for your pain and suffering as a result of the accident.

 

The valuation of your general damages will be based upon a medical report following an examination by a consultant appointed by your solicitor. The consultant will, as well as examining you, review your medical records which is why it is important that you seek medical assistance for as long as you need it; don’t just grin and bear it. If there are no records of medical treatment or attendance at your doctor or hospital it will be harder for the consultant to give a full account of your injuries and symptoms.

 

To ensure that you get the maximum amount of compensation and all that you deserve speak to a solicitor who knows what they are doing and who specialises in gym and health club accident claims. This way you will ensure that you get the compensation that you deserve.


About the Author:
Mike Massen is a practising solicitor with Gartons Solicitors Leeds – 0113 2310766, mmassen@gartonsolicitors.co.uk  www.gartonsolicitors.co.uk. Gartons provide quality legal service in the following areas: accident claims, buying and selling property,wills and probate, Lasting Powers of Attorney, criminal injury claims, sexual abuse claims. Gartons have particular expertise when dealing with dogbites and needlestick claims.
If you have found this article of interest please feel free to forward to other sites etc however I would ask that you give full credit to Gartons Solicitors for such, thank you.
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