Claims for gym accidents and faulty fitness equipment
15 Nov 2022
Claims for gym accidents aren’t uncommon in South Africa. Defective gym equipment or failure to warn users of risks can lead to serious injuries and even death.
Injuries while using gym equipment are fairly common especially for beginners. This doesn’t mean the injury is always the fault of the user.
If an injury is caused by faulty gym equipment or a defective exercise machine, it might be possible to claim compensation from the fitness centre or manufacturer.
How common are gym equipment injuries?
Thousands of people are injured each year by gym equipment. For example, in the United States 468,315 people were injured by exercise equipment in 2019 alone.
Even deaths aren’t that uncommon. Over a 17-year period, 114 people died from injuries caused by using free weights and weight machines in the US.
These are some of the most common injuries sustained while using gym equipment:
- crush injuries due to falling weights
- slips and trips
- cuts, scrapes and abrasions
- strains
- face and eye injuries
- muscle and tendon sprains and tears
- knee injuries
- herniation
- slipped discs
More serious injuries can happen too, including head and brain injuries, and neck or spinal cord injuries.
The most dangerous categories of gym equipment
If used incorrectly, most gym equipment can cause injuries but some machines have a higher risk factor than others.
America’s National Electronic Injury Surveillance (NEIS) lists the fitness devices that have the highest rates of injury. Its 2016 report listed three gym items as the top culprits.
Resistance bands
Resistance bands are prone to slipping or breaking. This can cause eye injuries that can lead to permanent loss of vision.
Free weights
Dropped weights are a very common cause of crush injuries. Most free weights come with a warning for this reason.
Rowing machine
Bad form when using a rowing machine often leads to back injuries and knee problems. Stress fractures on the ribs are also quite common.
Examples of unsafe or defective gym equipment
Other gym equipment can be dangerous if it’s defective, badly maintained or used improperly. These are some of the most common defects in gym equipment that lead to injuries.
Treadmills
Treadmills with improperly tightened belts or missing safety features (such as an auto-stop function) can cause serious injuries.
Exercise bikes
Missing pedal straps, loose seats or handlebars, and exposed gears on exercise bikes are common causes of injuries.
Other workout machines
Large machines such as ellipticals and stair climbers that aren’t properly installed or maintained can cause injuries.
Claims from gym equipment manufacturers
Manufacturers of gym equipment are legally required under the Consumer Protection Act to avoid causing harm to the end user. This is called duty of care.
If you’re injured by gym equipment due to a design fault, manufacturing defect or failure to warn of the risks involved then you may be entitled to compensation from the manufacturer.
This can apply to gym equipment used at a gym or fitness centre as well as gym equipment used at home.
As long as you were using the equipment properly and the injury is through no fault of your own, it should be possible to pursue a claim.
You must be within the recommended weight range, age and fitness level for that type of equipment or your claim won’t be valid.
Claims from gyms and fitness centres
Sometimes the fault for an injury isn’t due to a manufacturing issue but the failure of the gym or fitness centre to install or maintain the equipment properly.
If you’re injured at a fitness centre due to negligence by the gym management, it should be possible to claim compensation.
Gyms have an obligation to ensure a safe environment for users. This includes making sure warning signs are in place, equipment is properly installed and faulty equipment is fixed timeously.
Even if you signed a liability waiver, this doesn’t automatically exempt the gym from personal injury claims if negligence can be proven.
Some liability waivers try to provide total immunity for gyms, but these are hard to enforce in court.
What to do for claims for gym accidents and faulty fitness equipment
If you have a claim for a gym accident or faulty fitness equipment in South Africa, it’s important to start by contacting a suitably qualified attorney.
Ideally, opt for an attorney or firm that specialises in personal injury claims and has experience in cases similar to yours.
DSC Attorneys specialise in personal injury claims, including those involving gym accidents and faulty fitness equipment, and operates on a no-win, no-fee basis.
See also:
- The principle of informed consent
- Compensation for dog bite claims in South Africa
- Delictual liability for sports injuries and fatalities
- Legal duty of care owed by taverns to customers
- Burn injury compensation in South Africa
