Gym and Fitness Center Accidents
Patrons go to gyms and fitness centers to get in shape and stay healthy, but sometimes just the opposite happens. Injuries such as slip and falls, trip and falls, or fall down accidents near slippery surfaces may cause serious, debilitating harm to a gym or health club member. Fortunately, it may be possible to hold a gym or fitness center liable for any harm suffered due to faulty equipment, hazards, and failures to perform necessary maintenance. The knowledgeable Pembroke Pines premises liability lawyers at Cohn & Smith can assert the rights of people who have been hurt in these accidents.Proving Liability After a Gym or Fitness Center Accident in South Florida
Premises liability lawsuits are often very fact-dependent, and a brief investigation may be of great importance in proving liability later. For example, there may be video surveillance of the accident that might help the plaintiff’s case, but the defendant may not necessarily preserve such evidence in the normal course of business. Eyewitness testimony and maintenance records may also be part of the evidence in a premises liability case that arises from an injury suffered at a health facility. Often, a business owner will attempt to avoid or minimize liability by casting as much blame as possible on the plaintiff. Under the comparative negligence doctrine followed by Florida courts, the plaintiff’s damages award is reduced in the same percentage as the level of fault attributed to him or her.
Another potential issue in a slip and fall or another injury case arising from a gym or fitness center accident is any waiver or release signed by the plaintiff. Many health clubs now require a would-be member to sign a document releasing the facility from liability in the event of an injury due to negligence. It is up to the courts to decide whether a particular document is valid under the circumstances. Sometimes a waiver will be a complete bar to a plaintiff’s lawsuit, but this is not always so. It is important to discuss this issue with a qualified injury attorney rather than assume that you have no case simply because you signed a release when you joined the gym at which you were hurt.
If a plaintiff is able to make out a successful negligence claim, he or she may be able to recover substantial damages, including compensation for past and future pain and suffering, medical expenses, and lost wages. If the plaintiff is married, his or her spouse may be able to join in the lawsuit to assert a loss of consortium claim as well.Seek the Advice of a Pembroke Pines Lawyer for a Premises Liability Claim
Premises liability cases tend to revolve around evidence that, if it is not found and preserved early in the process, tends to slip away over time, undermining a plaintiff’s case. If you have been hurt at a South Florida gym or fitness center and would like to talk to an experienced injury lawyer about your case, Cohn & Smith is here to assist you. Call us at (954) 522-4600 or contact us online to schedule a free appointment at your convenience. Our Pembroke Pines premises liability attorneys represent victims in many areas of South Florida, including Fort Lauderdale, Davie, Weston, Sunrise, Coral Springs, Tamarac, Pompano Beach, Aventura, and cities throughout North Dade County.