By Stephen Burke. Last Updated 3rd April 2024. Welcome to our guide on gym accident claims, where we’ll look at the process of claiming compensation for gym injuries. Most of us aspire to stay fit and healthy, and we are more likely to do so with regular exercise. There have been a wealth of new gyms springing up across the UK in recent years, and whether gym users follow a cardio programme, take gym classes or prefer lifting weights, going to the gym can be something to really enjoy. But what happens if there are accidents in the gym because health and safety protocol has not been adhered to? Could injured parties begin gym negligence cases for compensation? If gym accidents happen, whether weight room accidents or accidents involving a treadmill, they could put your fitness at risk. If someone else is responsible, this could lead to a personal injury claim.
For a small proportion of the population, their enjoyment of the gym has been curtailed due to injury. Worse still, some have been caused by an accident that need not have occurred.
Whether they have suffered muscle damage from a poorly designed personal training plan or suffered injury from poorly maintained gym equipment, gym accidents claims can help get those people back on their feet after an accident at the gym, allowing them to move forward with their life, whether they choose to return to the gym or not.
Here, our guide aims to explain the process that compensation claims for accidents in a gym take, alongside approximate calculations for payout amounts in a gym injury compensation calculator table and how to get help if you need it.
If you have any more questions after reading this guide, or if you would like to start a No Win No Fee claim, you can call us on 0800 073 8801.
Choose a Section
- Gym Accident Injury Claims – Compensation Payout Examples
- Can I Claim For A Gym Accident?
- Who Is Responsible For Your Safety In A Gym?
- How To Prove A Claim For Gym Injuries
- No Win No Fee Gym Accident Injury Claims
Gym Accident Injury Claims – Compensation Payout Examples
As we had discussed in the previous section, compensation can be awarded to address both the physical and psychological effects of your injury, and any potential financial losses as well.
To show you examples of compensation payouts for gym injuries, we have created a table of injuries alongside ranges for amounts that have been awarded for them in general damages. This table was built using information from the Judicial College Guidelines (JCG), as this is the publication commonly used to assess injuries in claims.
However, it is important to note that the figures shown are based on past court payouts and, therefore should not be taken as guaranteed for your specific claim.
| Injury | How Severe? | Notes | Typical Award Bracket |
|---|---|---|---|
| Multiple Serious Injuries Plus Special Damages | Serious | If you are claiming for multiple serious injuries sustained in a gym accident, then you may receive a payout covering all of them plus related special damages, such as the cost of home care provisions. | Up to £1,000,000+ |
| Paralysing injury | Complete (a) | Tetraplegia (Also known as quadriplegia) | £324,600 to £403,990 |
| Paralysing injury | Partial (b) | Paraplegia - the award would depend on the life expectancy, degree of independence and level of pain, for example. | £219,070 to £284,260 |
| Head Injury | Very Severe (a) | Little response to environment due to traumatic brain injury. | £282,010 to £403,990 |
| Head Injury | Minor (e) | Brain damage minimal if any. | £2,210 to £12,770 |
| Hand Injury | Serious (e) | Leading to the reduction of use of the hand to around 50%. | £29,000 to £61,910 |
| Leg Injury | Moderate (iv) | Multiple or complex fractures, or crush injuries, for example. | £27,760 to £39,200 |
| Back Injury | Moderate (i) | Compression fractures that cause vertebral damage, for example. | £27,760 to £38,780 |
| Neck Injury | Moderate (i) | Fracture or dislocation that results in immediate pain. May require spinal fusion. | £24,990 to £38,490 |
| Foot injury | Moderate (f) | Metatarsal displaced fractures, causing deformity and other symptoms that are continuing. | £13,740 to £24,990 |
Gym Injury Claims – Other Settlement Examples
You may be wondering what else gym injury claims can include. In addition to general damages, your gym accident compensation settlement can also include special damages. Under this heading, you can potentially claim back any financial losses that you experience because of your injuries.
For example, under this heading, you could recoup the cost of:
- Prescriptions
- Medical bills
- Lost wages
- Mobility aids
- Cosmetic aids
- Travel costs
But, in order to claim under this heading, it’s important to provide evidence of your losses. For this reason, retaining receipts, travel tickets, and bills can be beneficial to your claim.
If you would like to learn more about claims for gym accidents, contact our friendly team. One of our advisors can evaluate your claim for free, provide free legal advice, and could potentially connect you with one of our solicitors.
Can I Claim For A Gym Accident?
While you are using a public space, you are owed a duty of care by the party in control of that space (the occupier). This duty is set out in the Occupiers’ Liability Act 1957. It states that those in control of public places must take all the necessary steps and measures to ensure that space is safe to use for its intended purposes. Occupiers can maintain their duty of care by performing regular risk assessments and maintenance checks.
If you have suffered an injury in the gym, in order to have a valid personal injury claim, you will need to prove:
- You were owed a duty of care.
- This duty was breached.
- Due to this breach, you suffered an injury.
To learn more about claiming for gym accidents, you can continue reading this guide. Additionally, you can contact our advisors to discuss the eligibility of your case.
Claiming For Gym Accidents – Time Limit
If you are eligible to make a claim for an injury in the gym, you will need to be mindful of the personal injury claims time limit that would apply to your case.
Typically, you would have three years from the date of the accident to file your claim. This is set out in the Limitation Act 1980. However, there are certain exceptions to this time limit.
For example, the time limit is suspended indefinitely for those injured in gym accidents that lack the mental capacity to make their own claim. In this case, a litigation friend could make a claim on their behalf. If no claim is made and the injured person regains this mental capacity, they will have three years to start a claim from the date of recovery.
To learn more about the other exceptions that apply to the personal injury claims time limit, you can contact our team of advisors.
Who Is Responsible For Your Safety In A Gym?
Gyms, just like other commercial businesses, have a duty to care for those persons on their premises, whether these are customers or staff. Whether you have been injured from faulty equipment or suffered a slip or trip whilst carrying out work at the gym, if the business has been negligent in making all reasonable arrangements to keep you safe, then they may be liable and may have to pay compensation to you for your injuries. This applies whether the gym is a small or large operation.
Many personal trainers at reputable gyms abide by the Exercise and Fitness Code of Ethics. The Register of Exercise Professionals has produced a code of ethics document that aims to ensure that all fitness professionals keep their clients as safe as is reasonably practical. This involves informing clients of how to use any equipment safely, amongst other factors.
If a personal trainer has not correctly informed you of how to safely use the gym equipment, and it was their responsibility to do so, then you may have a case for filing an accident at gym lawsuit if you have suffered a gym accident because of this.
Our next section will take a closer look at determining who was liable for an accident that took place, which is a crucial step in all gym accident claims. Read on for more information, or call us today to start your claim for gym accident compensation.
How To Prove A Claim For Gym Injuries
In order to make a claim for your gym injuries, you must be able to prove that the liable party owed you a duty of care. Your gym injury must have occurred due to a breach in this duty.
The duty of care is set under the Occupiers’ Liability Act 1957. It means that the occupier of the space must ensure your reasonable safety. We’ll look at different situations that can lead to injuries later on.
Evidence that could support a gym accident claim includes:
- Photographs of the accident. For example, if the equipment was faulty, you may have photographed this. These photos can be submitted as evidence as can pictures taken in the immediate aftermath.
- Witness contact details. If anyone saw what happened to you, they could give a statement later in the claiming process.
- Medical records. In addition to details of any treatment you received after your injuries, you might be asked to attend an independent medical exam. This is to help establish the severity of your injuries and what impact they are likely to have on your life.
- Injury photographs. If your injury was visible, such as bruising or lacerations, you could submit photographs.
- Accident footage. For example, you can request CCTV footage of yourself.
Call our advisors for further information about what evidence you could submit to support your personal injury claim.
No Win No Fee Gym Accident Injury Claims
If you have valid grounds to start a gym accident injury claim, then our team of advisors could connect you with one of our No Win No Fee solicitors.
Our solicitors can support claims for a gym injury under what’s called a Conditional Fee Agreement (CFA). If you claim under such an 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 be required to pay your solicitor for their work if the injury claim fails.
If your claim is successful, then your solicitor’s payment will be covered by what’s known as a success fee. It means that your solicitor will take just a small percentage of the compensation awarded for your claim. There is a legal cap that limits the percentage your solicitor can take to cover their fee. It ensures that you will keep most of the compensation awarded for your case.
Contact our advisors for free today to learn more about making a gym injury claim with a No Win No Fee solicitor. Our team can also answer any questions you may have about other aspects of the personal injury claim process. To reach us, you can:
- Call us on 0800 073 8801
- Use our contact form
- Or you can use our 24/7 live chat service
Helpful Links Relating To Gym Accident Compensation
As previously mentioned in this guide, the Unfair Contract Act details how a gym can still be liable for negligence, even if the client has signed a waiver.
NHS advice on how to treat common sporting injuries.
The Basics of Leisure Health and Safety
This takes you to the basic HSE guide to Leisure health and safety.
Gym Accidents – Internal Guides
- Claiming for an accident in a public place
- How much compensation for a leg injury?
- Shoulder injury claims
- Hernia Injury Claims
- Advice on finger injury claims. Learn how to claim compensation for a finger injury.
- Get more information on concussion compensation claims. Learn about the concussion claims process.
- Learn about lift accident compensation. Find out how to claim for an accident in a lift.
Thank you for reading our guide on gym accident claims. We hope to have answered any questions you have regarding claiming gym accident compensation for gym accidents.