Have you been injured because a gym machine malfunctioned? If so, you may be eligible to begin a personal injury claim and be compensated for any suffering you’ve endured.
Our team of specialist advisors has experience in helping claimants begin the claims process. For example, after a free initial consultation, you could be connected with a specialist solicitor from our panel who could manage your case for you if it is valid.
- If you use a public gym, the operator will have a duty of care towards your well-being. If you have an accident at the gym because that duty is breached, you might be able to start a compensation claim.
- You will need to provide evidence to prove the validity of your claim.
- Gym accident compensation could be awarded to cover any suffering you’ve endured. This could cover both any physical and mental harm as well as any financial losses.
- If you decide to instruct a solicitor from our panel, they would represent you on a No Win No Fee basis.
Jump To A Section
- How Advide Could Help You With A Claim For Injuries Caused By Faulty Gym Equipment
- Can I Claim For Injuries After A Gym Machine Malfunctioned?
- How Could I Be Injured By Unsafe Gym Equipment?
- What Evidence Could Help Me Claim If A Gym Machine Malfunctioned?
- Potential Compensation From A Gym Injury Claim
- Claim For Injuries Caused By Unsafe Gym Equipment Using A No Win No Fee Solicitor
- Read More About Claiming For Injuries Caused By Faulty Gym Equipment
Making a public liability claim after a gym machine malfunctioned, causing you an injury, will mean showing how the occupier or owner is liable. This is why it is advisable to seek legal advice. At Advice, we offer a free initial consultation where we’ll provide free advice about your options. During your call, a member of our team will evaluate your claim to see if it is valid.
If it is, we could connect you with a No Win No Fee solicitor from our panel. They have many years of experience helping claimants with various types of injury claims.
Should your case be taken on, your solicitor will carry out the following:
- Collecting the evidence needed to prove your case.
- Calculating the potential value of your claim.
- Explaining any technical jargon and answering your questions.
- Ensuring your claim is filed in full and on time.
- Providing you with regular updates about how your claim is progressing.
If you’ve been injured after gym equipment malfunctioned and would like to discuss your case with a specialist, please call the number above.
If you’re to be compensated for accidents in public places such as gyms, you will need to prove that you were owed a duty of care by the defendant in your case.
Usually, this will be the case while you’re in a gym because of the Occupiers’ Liability Act 1957.
Some of the ways gym operators can uphold this duty of care include:
- Conduct risk assessments of the gym and its equipment regularly.
- Ensure all gym equipment is well maintained.
- Fix any unsafe gym equipment as soon as possible (or replace it).
- Provide clear information on how gym equipment should be used safely.
You might be entitled to start a personal injury claim after a gym machine malfunctioned if:
- The gym operator owed you a duty of care at the point of your accident.
- Your accident caused by faulty gym equipment occurred because the operator breached their duty of care.
- As a result of the accident, you sustained a gym injury or injuries.
If you suspect you have a valid gym injury claim, why not call the number above to speak with a member of our team?
How Long Do I Have To Start Public Liability Claims
According to the Limitation Act 1980, you have 3 years in which to begin a personal injury claim. For most gym accident claims, this period will begin on the date of the accident.
You may wish to seek legal advice sooner rather than later because, if you start the claims process too late, you could miss out on any compensation you’re entitled to if the claim becomes statute-barred.
There are exceptions to this time limit, such as if you are a minor or have reduced mental capacity, so to check how long you have to start your claim, why not call the number above and speak with an advisor?
As set out above, you could claim compensation for any injuries after a gym machine malfunctioned if the gym operator breached their duty. Here are some examples of when that might be the case:
- If you sustained a back injury after the cable on a rowing machine snapped because it was known to have been fraying but hadn’t been replaced.
- The gym operator never had any of the running machines serviced and failed to keep up with any maintenance. A faulty running machine wouldn’t slow down, or the emergency stop button wouldn’t activate, which meant you were thrown from the machine at high speed, which caused a broken leg.
- A stair machine stopped suddenly because of a fault that the gym operator had failed to fix, causing you to fall from height and sustain a head injury and concussion.
- A poorly maintained weights bench collapsed, causing you to drop your weights and led to a broken neck as a result.
These are just a few examples of scenarios that could lead to gym injuries. Even if we’ve not described yours, please call today and let us review the validity of your claim for free.
To make a faulty workout machine claim, you will need to provide evidence that shows the cause of the accident, who was responsible for it and how you’ve been affected by your injuries.
This could include:
- Photographs of the faulty gym equipment and any visible injuries sustained.
- A copy of an accident report form to confirm where and when you were injured.
- Details of anybody else who saw the accident.
- Information about any medical treatment or appointments you attended.
- CCTV or mobile phone footage of the accident if it was recorded.
If a solicitor from our panel offers to represent you, they will collect additional evidence as part of their service. This might include obtaining your medical records or collecting witness statements to strengthen your case.
If you make a successful personal injury claim after gym equipment malfunctions, you will be awarded a payout to cover any form of suffering you’ve endured.
The first head of loss that will be part of your overall settlement is general damages. This is compensation to cover any mental harm and physical injuries relating to your accident.
You will attend an independent medical assessment to ascertain the extent of your injuries. This report may be reviewed in conjunction with the Judicial College Guidelines (JCG) to help determine how much should be paid as general damages.
The JCG lists guideline compensation brackets for different types of injuries, and we’ve used its data in our compensation table. Please note that all claims are unique and settlements can vary widely. Therefore, please use the amounts listed here as guidance only.
|Injury Type||Severity||Details||Settlement Guidelines|
|Neck||Severe (i)||Neck injuries that are so severe they lead to incomplete paraplegia or where the claimant has little or no neck movement after years of wearing a collar.||Around £148,330|
|Severe (iii)||Where serious soft tissue damage, dislocations or fractures cause a significant disability.||£45,470 to £55,990|
|Amputation of Arms||Loss of One Arm (b)(iii)||Where the claimant's injuries lead to a below-elbow amputation.||£96,160 to £109,650|
|Less Severe (c)||While the claimant will have suffered a significant disability, there will have been a good amount of recovery.||£19,200 to £39,170|
|Back||Severe (ii)||Severe back injuries such as nerve root damage that causes an associated loss of sensation||£74,160 to £88,430|
|Moderate (i)||E.g. where the claimant is at risk of osteoarthritis and suffers constant pain because of a lumbar vertebrae fracture.||£27,760 - £38,780|
|Leg||Severe (b)(iii)||E.g. a serious compound fracture of the leg that results in prolonged treatment and a lengthy period of non-weight-bearing.||£39,200 to £54,830|
|Shoulder||Serious||E.g. persisting shoulder problems even after surgery for a rotator cuff injury.||£12,770 to £19,200|
|Chest||Fracture (g)||Where the claimant suffers serious pain for a few weeks because of a rib fracture or soft tissue injury||Up to £3,950|
Special Damages As Part Of Your Gym Accident Compensation
In addition to general damages, your settlement might also include a second head of loss called special damages. This is compensation for any costs or expenses linked to your injuries.
Therefore, if you’ve been injured after a gym machine malfunctioned, your compensation payout could also cover:
- Lost earnings (including future losses).
- The cost of care and support at home.
- Medical costs (including physiotherapy for example).
- Travel expenses.
- The cost of modifying your home to help you cope with any long-term injuries.
Any expenses you claim must be backed by evidence. This might include pay slips, bank statements and receipts.
We are happy to estimate the value of your claim for free. Therefore, why not call the number above for a free assessment of your case today?
Taking on a personal injury claim can be tricky and time-consuming. However, the process can be much easier if a specialist solicitor represents you. Using their skills and legal training, your solicitor will try to present as strong a case as possible on your behalf.
Importantly, the solicitors from our panel offer a No Win No Fee service. The specific type of contract they use to allow this is called a Conditional Fee Agreement (CFA).
If your claim is valid and you sign a CFA, it means that:
- None of your solicitor’s services need to be paid for in advance, during the claims process or if the claim is lost.
- Where the claim is won, you agree to a percentage of your payout being deducted by your solicitor as their success fee.
If you make a successful claim, you’ll still receive the majority of any compensation, as the percentage that can be taken as a success fee is legally capped.
Do you believe you should be compensated for injuries after gym equipment malfunctioned? If so, why not get in touch? To do so, you can:
- Phone 0161 696 9685 to speak to an advisor.
- Use our online chat service.
- Complete our “Contact Us” page to arrange a callback.
Thanks for reading our guide about faulty gym equipment claims. Here are some more guides that might prove useful:
- Advice on leisure centre accident claims.
- Information on when swimming pool accident claims might be possible.
- Details on suing your local authority
Finally, here are some links to external resources that might be helpful:
- Advice from the Health and Safety Executive (HSE) about safety in leisure activities.
- NHS advice on broken bones.
- Check to see if you’re entitled to claim statutory sick pay.
If you’ve been injured after gym equipment malfunctioned and have any questions about claiming compensation, please call our team today.