A Guide To Gym Personal Injury Compensation Claims

By Stephen Kane. Last Updated 13th March 2024. Have you been injured in an accident at the gym that was not your fault? Then you could be entitled to make a gym accident claim for compensation. Whether you have suffered from a gym injury causing back pain, gym injury to your arm or gym injury to your ankle, you can be assured that if the accident was caused by negligence on the part of the gym, you could be entitled to claim gym injury compensation for your injuries.

Trust the expert advisors at Advice.co.uk to provide you with an excellent personal injury solicitor who has the right skills and experience to represent you in suing the gym for your injuries. We are a trusted personal injury claims advisory service. The gym accident lawyers that we work with will always push to win you the maximum amount of compensation that you are entitled to receive, and some of them have three decades of experience handling personal injury claims, so you’re sure to be in a safe pair of hands.

If you have been injured because of an accident at the gym that was not your fault, we would be able to help you claim the compensation that you are entitled to. Call us today on 0161 696 9685 for your free personal injury claims consultation. One of our informed advisors will listen to what happened to you in detail, and if you do have reasonable grounds to claim compensation, we will provide you with an excellent personal injury solicitor to handle your claim. You will also get the option to make a No Win No Fee claim, which is the less stressful option for many of our customers.

Woman at a gym holding her neck and lower back in pain

Select A Section

  1. What Duty Of Care Does A Gym Operator Owe Customers?
  2. Does Signing A Gym Waiver Or Disclaimer Affect My Ability To Claim Compensation?
  3. Common Causes Of Accidents In A Gym
  4. Evidence For Gym Personal Injury Compensation Claims
  5. How Long Does A Claim Take And Are There Personal Injury Claim Time Limits?
  6. Gym Personal Injury Compensation Claims – Example Payouts
  7. Gym Personal Injury Compensation Claims With A No Win No Fee Solicitor
  8. Advice And Resources For People Injured In A Gym

What Duty Of Care Does A Gym Operator Owe Customers?

According to the Occupiers Act of 1957, an occupier has a duty of care towards customers, staff and anyone else who may have reason to use their premises. A duty of care means that one party is responsible for taking every precaution possible to ensure the health and safety of another party is protected. Whether the gym operator owns or leases the building, they have a legal duty of care towards anyone who uses it.

What parties could have a duty of care at the gym?

  • The occupier: this means the gym operator. This may be a private company or the local council.
  • The gym instructors: Gym instructors are supposed to be properly qualified and trained to help advise customers on how to get the best use out of the gym facilities, whilst also keeping themselves safe. If a gym instructor misinforms a customer, resulting in them becoming injured, they could be held accountable for their injuries. It may be the individual gym instructor who is held liable for the customers’ injuries, or the management if they did not provide the correct training, or ensure that the instructor was properly qualified.

If the gym operator is held responsible for your accident at a gym, they will be liable for gym accident compensation for your injuries.

Exercise equipment inside a gym

Does Signing A Gym Waiver Or Disclaimer Affect My Ability To Claim Compensation?

Clients who approach us because they have been injured because of accidents in the gym wonder if they can still claim gym injury compensation if they have signed a waiver or disclaimer when joining the gym. This is a very good question to ask. Under the Unfair Contract Terms Act of 1977, gyms that ask clients to sign a waiver or disclaimer upon joining can be contested if negligence on their part caused the client to become injured. If you are unsure of where you stand with a gym accident claim, call Advice.co.uk to speak to one of our informed advisors. They will be able to let you know if suing the gym is a possibility for you.

Common Causes Of Accidents In A Gym

There are many causes of accidents in a gym, we have looked through some in more detail below:

  • Incorrect use of machinery and equipment: Gyms house heavy and imposing equipment. Using the equipment incorrectly can cause injuries such as musculoskeletal injuries. Gyms usually avoid this by having an induction for new members, where they teach them how to use the gym equipment safely.
  • Faulty equipment: Malfunctioning machines at a gym can result in many different types of injuries. For example, customers can fall off a treadmill if there is no emergency stop switch. They could also suffer a gym accident on the bench press or gym accident on the leg press, if it is faulty and collapses beneath their weight whilst they are using it. To avoid accidents, gym staff should conduct regular routine checks on equipment.
  • Loose mats: Gyms should have a policy that all mats which are not in use should be put away, and have a member of staff present to enforce this. Although most gym mats have a grip, a loose mat can cause customers to slip if they walk over it, causing a fall-related injury.
  • Slippery floors: Most gyms have hardwood flooring. If a drink is spilled on the floor, or if a pipe leaks onto the floor, this can cause customers or staff to slip and hurt themselves as they fall. If the gym staff do not immediately sign post the wet floor, then clean it up, they could be held liable for any injuries caused as a result.
  • Weights or objects falling: Gyms often keep their heavy weights on a storage rack. If the weights are not stored correctly or the rack is faulty, they can fall and injure a gym user. Racks should be checked regularly for faults, and gym staff should be sure to correct anyone who does not return their weights properly.

Evidence For Gym Personal Injury Compensation Claims

If you suffered an injury in the gym, and you meet the personal injury claim eligibility criteria, you will need to gather evidence to support your case.

Some examples of the types of evidence you could collect for your personal injury claim could include:

  • CCTV footage of your gym accident.
  • Photographs of the visible injuries you sustained.
  • Photographs of the scene of the accident.
  • Witness contact details (as they could give a statement at a later date).
  • Medical records stating the injury you suffered and the treatment you have needed.
  • Documents showing any financial losses caused by your injuries (such as pay slips for loss of earnings, bank statements or bills).

One of the solicitors on our panel could assist you with gathering evidence for your gym injury claim. To find out if you could be eligible to work with one of them, you can contact our advisors today.

Gym accident compensation claim form on a table

How Long Does A Claim Take And Are There Personal Injury Claim Time Limits?

In the UK there is a personal injury claim time limit of three years (may vary). This means that you will have three years since the day your accident happened, or you realised that you have been injured, to claim compensation for your injuries. We recommend you call us as soon as possible, to make sure you don’t fall outside the personal injury claims time limit.

 
Reason claim is made Applicable time limit for injury claim
Standard time limit for gym accident claims 3 years from the date of the incident or date of knowledge of the injury.
Claims for a person under the age of 18 injured. 3 years from the age of 18. Parent or guardian can claim at any time before this.

Gym Personal Injury Compensation Claims – Example Payouts

The value of your compensation caused by a gym accident caused by negligence will vary, depending on factors such as:

  • The nature of the injury
  • How long it takes you to recover
  • The overall impact on your life going forward

Legal professionals involved in the case are responsible for calculating the amount deemed appropriate for your level of pain and suffering. It’s a figure known as general damages. They will often use a publication called the Judicial College Guidelines (JCG), which was last updated in 2022.

We’ve included some examples of potential injuries that could be caused by gym accidents in the table below, alongside figures from the JCG. They’re based on court cases that have been successful in past. Your own claim needs to be addressed individually, but these figures should give you a rough idea of how much a gym injury could be worth.

Type of InjurySeverityCompensationFurther Information
Multiple Serious Injuries And Special DamagesSeriousUp to £500,000+Those eligible to claim for multiple serious gym injuries could receive a payout covering all of these plus related special damages, such as loss of earnings.
Brain/Head InjuryVery Severe Brain Damage £282,010 to £403,990Top bracket there may be some ability to follow basic command, no language function, no meaningful response.
Back Injury Severe (i)£91,090 to £160,980This range of compensation covers severe back injuries that may cause impaired organ function, such as damage to the spinal cord and nerve roots.
Back Injury Minor (i)£7,890 to £12,510This bracket less serious strains, sprains, disc prolapses and soft tissue injuries.
Neck InjurySevere (i)Up to the region of £148,330This bracket covers soft tissue injuries that may increase vulnerability, severe disc lesion, cervical spondylosis to fractures, dislocations, disc damage causing disability to incomplete paraplegia or resulting in permanent spastic quadriparesis.
Arm Injury Severe injuries£96,160 to £130,930Impaired function, fractures, severely disabled injury and significant permanent residual disability are potential consequences of arm injuries covered by this bracket.
Foot Injury Amputation of one foot£83,960 to £109,650Such an injury is treated similarly to a below-knee amputation because of the loss of the ankle joint.
Foot Injury Severe£41,970 to £70,030Injuries covered by this bracket may include fractures to both heels or an unusually severe injury to one foot.
Ankle Injury Very Severe£50,060 to £69,700The need for pins and plates due to ankle instability, risk of osteoarthritis, transmalleolar fracture of the ankle with extensive soft-tissue damage, to below the knee amputation.
Ankle Injury Moderate £13,740 to £26,590Brackets include fracture and ligament tears, inserted plates, risk of future osteoarthritis.

For an accurate quote, call Advice.co.uk and we will estimate how much gym injury compensation you could be entitled to claim, based on your personal circumstances.

Gym Personal Injury Compensation Claims With A No Win No Fee Solicitor

Our advisors could potentially connect you with a No Win No Fee solicitor on our panel if you have valid grounds to start a gym injury claim.

The solicitors on our panel can support such claims under a Conditional Fee Agreement (CFA). Under such a No-Win, No-Fee agreement, you won’t need to pay your solicitor for their services before your claim has begun or while it’s being processed. You also won’t need to pay your solicitor for their work if the claim fails.

If your claim succeeds, then your solicitor will take a success fee to cover their payment. This means that your solicitor will take a small and legally capped percentage of the compensation awarded for your claim. The legal cap ensures that you keep most of the compensation awarded.

To learn more about working with a No Win No Fee solicitor or other parts of the claiming process, please contact our advisors for free today. You can reach our team by:

Advice And Resources For People Injured In A Gym

Accident At Work Claims Guide – How To Claim Compensation For Injuries? – No Win No Fee

Car Accident Claims Guide – How To Claim Compensation – Overview On Car Crash Injury Claims

Get Fit For Free – NHS guide to getting fit for free.