In St. Petersburg, the most common liability cases in gyms involve slip and fall or trip and fall cases where they either slip on a watery substance or trip on something out of place. Equipment malfunction is one of the larger premises liability cases in a gym accident. An individual can collect damages for past and future medical bills, for pain and suffering, for past and future lost wages, emotional distress, and loss of consortium.
A St. Petersburg gym accident premises liability lawyer can help you develop your defense before going to trial. It may be critical to contact a distinguished premises liability attorney to help assess the facts of your case.
Role of Negligence
The gym owner or the company that runs the gym, have a duty to keep the gym in a reasonably safe condition. It is a reasonable person standard, and all safety measurements must be in place to protect patrons and not create any hazards. There is a duty to protect against any foreseeable hazards in the gym. If they breach that duty and cause damages, then they could be liable under the negligence standard.
If a person is using a machine improperly or not using it for it is posted or proper purpose and they become injured from it, that can be considered comparative negligence. They should have personnel in place who are watching people using the machines, and if someone is using it improperly, they should let that person know and stop them from using it improperly.
There is a possible negligence problem for the gym if there is an equipment malfunction. If a person is using the equipment properly, they should not have a problem. If someone has been injured at the gym, they should contact a St. Petersburg gym accident premises liability lawyer to begin gathering evidence for their case.
Who Can be Held Liable
A number of people can be held liable for gym accidents. Usually, it is not the actual workers on a site because they are known as agents or employees of the company that either owns the gym or owns the property. Just like in other landlord-tenant situations, a landlord and a tenant can be liable depending on who is in control of the piece of property or the area of property where the injury occurs.
A person could potentially hold the owner of the building liable, the company that owns and runs the gym could be liable, and then, the manufacturer of the gym equipment could be liable if the machine malfunctions in a way that is the manufacturer’s fault and not the person who put the machine together or continues to maintain the machine.
The owner of the gym and the people who run the gym would then want to push the liability off on the manufacturer of the equipment itself. If they put it together properly, they maintained it properly, and it still malfunctioned because of a design defect, they might argue they are not liable. Their argument will be that the only people who should be liable are the people that manufactured the machine. There are situations where they should have known that there was something improper about this machine and in that case they could be liable in addition to the manufacturer of the actual product. Contacting a St. Petersburg gym accident premises liability lawyer can help an individual establish liability for their case.