Many New Jersey residents utilize local gyms to stay in shape. When they do so, gym members expect the equipment to be properly maintained and safe to use. However, a defective or improperly maintained piece of gym equipment can cause serious injuries. While gyms do have a duty to keep patrons and visitors safe, lawsuits involving gym equipment can be complicated.
One of the biggest hurdles an injured person will have to face if filing a lawsuit for defective or improperly maintained gym equipment is the liability waiver. Most gyms require members to sign this document when they sign up. Depending on the agreement’s specific terms, a person may be barred from filing a negligence lawsuit. While waivers are generally upheld by the courts, some of them may not cover instances when the equipment was not properly maintained or gym employees knew that it was not working properly but failed to fix it.
While certain types of gym equipment are risky by nature, such as treadmills, manufacturers have a duty to ensure that these machines have proper warning systems and are still operating in a safe manner. If someone gets injured due to a defect in the equipment’s design, manufacturing process or warning systems, he or she may be able to file a lawsuit against the company that made the defective products.
If a person gets hurt after using a piece of gym equipment with a design defect, he or she could potentially file a products liabilitylawsuit against the company that manufactured it. An attorney may help the injured party through all the steps involved in filing a lawsuit and gather evidence to support the allegations. In many cases, a lawyer may negotiate with the other party to recover damages out of court. However, the case could end up going to trial if the manufacturer refuses to settle.
