Gym and leisure centre accident compensation claims

Common injuries from gym/leisure centre negligence

When safety standards aren’t met at gyms and leisure centres, all kinds of injuries can occur. Here are some of the injuries we often see in gym and leisure centre accident claims:

Muscle tears or strains: These can happen when lifting weights without proper guidance or when using faulty equipment, leading to painful strains or tears.

Ligament damage: High-intensity activities, such as aerobics or weightlifting, can result in ligament injuries like ACL tears, especially with poor supervision or lack of warm-up exercises.

Arm injuries: Sprains, dislocations, and fractures can occur from using defective equipment like rowing machines and pull-up bars.

Broken bones or fractures: Falls on slippery floors in changing rooms or near swimming pools can cause broken bones or fractures. 

Soft tissue injuries: Sprains, strains, and contusions are common, often caused by not using  equipment correctly or poor safety measures.

Crush injuries: Dropping heavy weights because of faulty equipment or lack of a spotter to support can cause serious crush injuries.

Cuts, bruises, or lacerations: Sharp edges on equipment, damaged benches, and unsafe surfaces can all cause cuts and bruises. For example, a deep cut might be caused by a damaged bench in the changing room.

Spinal injuries: Not using weight machines correctly or poor training on form and technique can lead to severe spinal injuries, like slipped discs or vertebral fractures.

Whatever your injury, if it occurred at a leisure centre, sports facility or gym and could have been avoided if the owner/operator met their duty of care, you could be eligible to receive compensation. At Express Solicitors, we’ll work to ensure you receive the maximum settlement based on your injuries and the impact on your life.

Who is responsible for your safety in a gym or leisure centre?

As we mentioned earlier, gyms and leisure centres have a legal duty to take reasonable steps to make sure those who use their facilities are as safe as possible at all times. This is known as their Duty of Care, and is outlined in the Occupiers’ Liability Act 1957. If they fail in this duty and you suffer an accident as a consequence, you can claim compensation for the injuries sustained and any losses incurred, such as time off work or the cost of ongoing treatment. 

Here are three scenarios where the gym or leisure centre may be held responsible:

• Slipping accidents near swimming pools or in changing rooms: These areas can’t be kept completely free of water at all times. However, if it can be shown that the gym or leisure centre didn’t have satisfactory systems in place for checking and clearing these areas of water, or if those systems were not properly followed, you can bring a claim for compensation.
• Defective gym equipment: Serious injuries can and do occur if gym equipment is faulty. Gyms are responsible for regularly inspecting and maintaining their equipment. If this was not done properly, and you were injured as a result, you can make a compensation claim.
• Inadequate instruction: Accidents can happen in classes run by instructors, too. Instructors are responsible for assessing your ability and conducting the class safely. If they fail to do so and you sustain an injury, you could be eligible to make a claim.

If you believe your accident was due to your gym or leisure centre not fulfilling their Duty of Care, it’s important to take action. Seek medical treatment, report the incident, gather any evidence, and seek legal advice. At Express Solicitors, we specialise in handling such cases and can guide you through the process.

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What if I signed a disclaimer or waiver?

Many gyms and leisure centres will ask new starters to sign waivers or disclaimers when they join, stating that the gym will not accept responsibility for accidents or injuries. However, these forms are not always legally binding. Under the Unfair Contract Terms Act 1977, businesses cannot exclude or restrict liability for personal injury or death caused by negligence.

This means that even if you signed a waiver, you might still be able to make a claim if the gym or leisure centre was negligent. For example, if faulty equipment, poor maintenance, or inadequate supervision led to your injury, the waiver you signed may not protect the gym from liability.

If you’re unsure about the validity of a waiver or disclaimer you signed, speak to Express Solicitors today – we can review the details of your case and determine whether you have a valid claim. Don’t let a waiver deter you from seeking the compensation you deserve.

What evidence do I need to make a gym/leisure centre compensation claim?

In the wake of an accident in a leisure centre or gym, the better the evidence you’re able to provide, the more likely you are to make a successful claim against the party responsible. Once you seek immediate medical treatment (if necessary), the next important thing to do is gather evidence as soon as possible. Here are the types of evidence that could support your claim: 

• Accident report: Gyms and leisure centres are required to log all accidents in an accident book. Request a copy of the report, which will include the date, time, and details of your incident.
• Photographic evidence: Take pictures of the accident scene and any hazards that contributed to your injury, such as a defective piece of equipment or a wet floor without proper signage. Photographs of your injuries can also be helpful.
• Medical records: Seek immediate medical attention for your injuries and keep all records of your treatment. Ask for copies of medical reports, x-rays, and any other relevant documents that detail the extent of your injuries and the treatment you’ve received.
• CCTV footage: If the gym or leisure centre has CCTV cameras, request a copy of the footage capturing the incident. Do this as soon as possible, as CCTV footage may not be retained for long.
• Witness statements: Collect contact details from anyone who witnessed the accident. Witness statements that corroborate your account of the incident can help establish liability.
• Financial records: Keep records of all expenses related to your injury, including medical bills, travel costs for treatment, and any loss of earnings. Receipts, invoices, and bank statements can be used to support your claim for financial losses.

How much compensation can I claim for a gym or leisure centre accident?

There is no set amount of compensation for an injury caused by an accident in a gym or leisure centre. Instead, compensation amounts will depend on the part of your body you have injured, the severity of your injuries and the effect they have had on your life.

How is compensation for gym and leisure centre injuries calculated?

Compensation amounts for injuries suffered following an accident at the gym are calculated by combining the compensation you may be legally entitled to for both general and special damages.

General damages amounts relate directly to the severity of your injuries, while special damages cover the effects the injuries may have on your life.

The Judicial College Guidelines from the Ministry of Justice provide guidance on the amount of compensation you can claim for general damages. These amounts relate to the part of the body injured, how severe the injury is, and if any ongoing symptoms may develop.

Gym and leisure centre injury compensation claims calculator

Our gym and leisure centre injury compensation calculator below will give you an approximate amount of compensation you may be able to claim if you’ve been injured at a gym or leisure centre due to someone else’s negligence.

The calculator considers the part of your body that was injured and the severity of your injuries, providing an approximate level of compensation based on recent case law and the Judicial College Guidelines.

The amounts in our calculator only consider the amount of compensation you could claim for your injuries. This is known as General Damages.

In addition to the amount you may be able to receive for your injuries, known as “general damages,” you can also claim for “special damages.”

Compensation for special damages can be claimed to cover expenses you may have already incurred or will incur because of your injury.

Compensation could be claimed for expenses that may include, but would not be limited to:

• The pain, suffering, and impact the injuries from your gym or leisure centre accident may have on your life
• Loss of income and the loss of potential future earnings
• Medical expenses for ongoing care and rehabilitation
• Compensation for PTSD or other psychological injuries you may suffer from as a result of your injuries, such as depression and anxiety
• Any costs associated with your rehabilitation or ongoing medical treatment
• Any costs related to adaptations you may need to make to your home
• Any costs for the care you may have or will need to receive, even if a family member or friend provides this
• Any out-of-pocket expenses you or anyone who has cared for you may have incurred

Our expert personal injury claims solicitors know that no amount of money can make up for the pain and suffering you may be experiencing, so we take the utmost consideration into ensuring you are compensated correctly in relation to the severity of your injuries, the effects the injury has had on your life, loss of earnings, and changes to your lifestyle.

What are the time limits for making a gym injury /leisure centre claim?

You have up to three years from the accident date or the date a medical professional diagnosed your injuries to start your claim for a gym or leisure centre accident. However, there are some exceptions to the three-year statute of limitations.

The three-year time limit does not apply if the injured person is mentally incapacitated. It will only begin if they regain mental capacity.

If claiming for a child, you can make a claim anytime until their 21st birthday.

In both instances, you can claim on their behalf as a “litigation friend”. This is a person (usually a trusted family member or friend) who acts on behalf of another person who is unable to manage their own claim.

We recommend you start your claim for a gym or leisure centre accident as soon after your accident as possible, as we have the best chance of collecting all the evidence we need to mount the strongest case.

Gym/leisure centre claim process

Making a gym or leisure centre injury claim with Express Solicitors is simple and stress-free. Our experienced personal injury solicitors are here to help you every step of the way. Here’s how the process works:

• Free consultation: Start with a free consultation to discuss your case. We’ll assess the details and advise you on the best course of action.
• No Win, No Fee agreement: If we take on your case, it will be on a No Win, No Fee basis. This means you won’t have to pay anything unless we win your claim.
• Gathering evidence: We will collect all the necessary evidence to support your claim. This includes photographs, accident reports, medical records, and witness statements.
• Medical assessment: We’ll arrange for a medical expert to assess your injuries and provide a report detailing the extent and impact of your injuries.
• Handling communication: Our team will handle all communication with the gym or leisure centre and their insurers, so you don’t have to worry about anything.
• Addressing liability: If there are any disputes about who is at fault, we will fight on your behalf to establish liability and ensure your case is presented strongly.
• Negotiation: We will negotiate with the insurers to secure the maximum compensation you deserve. If an offer is too low, we will push for a fair settlement.
• Regular updates: Throughout the process, we will keep you informed and answer any questions you may have.

Our aim is to ensure you receive the compensation you deserve for your injuries, including both general and special damages.

Why choose Express Solicitors?

Express Solicitors brings over 20 years of expertise in personal injury claims, including those arising from gym and leisure centre accidents. Our team is dedicated to handling claims that other firms might shy away from, and we have a strong track record of success. We take a meticulous, empathetic approach to every case we handle.

Our gym and leisure centre accident claims are handled on a no win, no fee basis, so you can pursue your claim without any financial risk. We’re also proud to have an “Excellent” rating on Trustpilot and are accredited by the Solicitors Regulation Authority (SRA), reflecting our commitment to the highest standards of service and professional integrity.

Get in touch with us today to start your gym or leisure centre accident claim and discover how much compensation you could be entitled to.