If you’re injured while working with a personal trainer or while following a training program they designed, you might be able to pursue a personal injury claim for damages, even if you signed a liability waiver with the trainer or gym. In some situations, provable negligence or a failure to take reasonable care for gym members can limit the enforceability of a liability waiver.
However, the liability waiver is a legal document. To move forward with a personal injury lawsuit, you generally need to show that your injury resulted from the trainer failing to meet their duty of care. This can be a pretty complex legal task.
If you have suffered an injury and want to sue a personal trainer, working with an experienced Lebanon, NH personal injury attorney can help you understand your options and pursue appropriate compensation.
Who is liable for injuries sustained at the gym or in a personal training session?
You can file a personal injury claim seeking compensation for damages against the fitness expert who was training you and the facility you were working out in. Some examples of personal trainer negligence include:
- Pushing you to train longer or harder than is safe for your fitness level
- Instructing you to perform exercises that are inappropriate for your abilities or medical condition
- Allowing or encouraging you to lift more weight than you can safely handle
- Failing to correct improper form that increases the risk of injury
- Improperly setting up exercise equipment or failing to check that it is safe to use
- Allowing you to use damaged or defective equipment
- Failing to recognize signs of injury or distress and continuing the session
- Failing to supervise you while exercises are being performed properly
The trainer may be personally liable for their negligence, but the facility that you’re training in may also be named as a defendant. Fitness centers carry substantial liability insurance, and this insurance usually covers any claims filed against their employees.
When can a gym be held responsible for a personal trainer’s negligence?
In some cases, an injured client may have a claim not only against the personal trainer, but also against the gym or fitness center where the training took place. Two related legal theories may apply, depending on the facts of the case.
One is vicarious liability, which means an employer can be held responsible for injuries caused by an employee who was acting within the scope of their job. If the trainer was working with you during a scheduled session or if they created a workout program for you to follow at the gym, their actions may be considered part of their employment. In those situations, the fitness center may share responsibility for injuries caused by the trainer’s negligence.
Another possible claim involves negligent hiring and training. Gyms have a duty to use reasonable care when hiring trainers and to provide proper training and oversight once they are employed. A claim under this theory may apply if the trainer lacked the qualifications or experience to work safely with clients, the gym should have known about those deficiencies, and that failure contributed to your injury.
When a gym fails to vet, train, or supervise its trainers properly and that failure plays a role in an injury, the fitness center may be held liable alongside the trainer.
Can a gym or personal trainer blame you for the injury?
After an injury, it’s common for a gym or personal trainer to argue that you share responsibility for what happened. They may claim you assumed the risk of injury by signing up for a membership with terms and conditions or signing a liability waiver.
While liability waivers can limit some claims, they don’t automatically protect a trainer or gym in every situation. Courts may refuse to enforce waivers in cases involving gross negligence or reckless conduct; each case relies on the specific facts and circumstances.
In some situations, the gym or trainer may also argue that you contributed to your injury. For example, they might claim you pushed yourself beyond your abilities or failed to follow instructions. Whether those arguments hold weight depends on the evidence and the terms of the waiver.
I want to sue a personal trainer. Now what?
Many personal trainers carry liability insurance that may apply if someone is injured during a training session or while following a program the trainer created. If you were hurt while working directly with a trainer or following their instructions, you may be able to pursue a personal injury claim, even if you signed a liability waiver.
Because waivers and insurance coverage can vary, it’s important to have someone review the details of your situation. The personal injury attorneys at Shaheen & Gordon can help you understand your options, evaluate any waiver or agreement you signed, and determine the most appropriate next steps. Call (800) 451-1002 or contact us online to request a free personal injury consultation.
