Fitness and good health is important to many people in Dallas/Fort Worth. This is a good thing. But unfortunately, the most commonly used aerobic exercise machine can be one of the most dangerous. When you or a loved one is injured using a treadmill or exercise machine, attorney Patrick R. Kelly can help assist to recover for medical bills, lost wages, and pain and suffering and help prevent another injury on the machine in the future.
According to the Consumer Product Safety Commission study from 2014, over 24,000 people sustained injuries from the use of treadmills alone. To be clear, exercise equipment that may pose a threat to consumers is not limited to treadmills. Various machines are known to have caused bodily injuries to users including elliptical machines, stationary bikes, stair climbers, and weight machines. Most injuries are preventable and due to the negligence of the owner of the facility, the facility manager, the trainer, or the equipment manufacturer. The most common causes for injuries include.
- Electronic malfunctioning or inadequate control;
- Failure to properly guard with safety mechanisms around the belt and other moving parts;
- Improper fitness center management and operations;
- User error; and
- Inadequate training.
Most people using gym equipment are considered “invitees” under the law. That is, the gym has duty to the invitee to maintain its equipment and property in a reasonable fashion to prevent against falls and injuries. The gym has a duty to inspect its equipment and to warn of known dangers to those working out at the gym. Furthermore, and often forgotten by gym management, gyms should adequately instruct and train its members and staff as to the proper use of equipment. New versions and equipment modifications are common as technology and kinetic sciences advance. Proper use and taking advantage of safety features on the equipment is not only important but can save users from injuries and even death.
Of course, like most personal injury cases, not all gym related accidents rise to the level of legal liability that warrants a legal claim. An attorney will need certain information to properly evaluate a gym accident legal claim. For example, an injured person should gather the following information:
- Name and address of the gym where the fall or injury occurred;
- The name, manufacturer, and model number of the gym equipment;
- Any pictures of the equipment or scene where the injury occurred and pictures of bodily injuries; and
- Medical records.
One of the largest impediments that the Law Offices of Patrick R. Kelly sees handing gym equipment injury cases is that many claims are barred in whole or in part by the contract that may exist between the gym and the customer for gym membership. An experienced attorney in this area can evaluate the contract and determine what road blocks may prevent a party from pursuing a bodily injury claim against his or her athletic facility.
Call the Law Offices of Patrick R. Kelly for a free consultation to discuss your gym machine injury claim. Do not delay as legal time constraints may prevent you from recovering all that you or a loved one may be entitled to for bodily injuries. We handle gym and athletic facility accidents and injuries in Dallas/Fort Worth Metroplex and throughout Texas. We would be happy to discuss your options.