Last updated on November 13th, 2021
The use of fitness equipment has been steadily increasing over the years, reaching new peaks of popularity every year. While earlier fitness enthusiasts had to visit a gym to use their favourite equipment, today more and more users have some type of fitness equipment in their home. Unfortunately, sometimes fitness equipment can be faulty causing injury at home or at the local gym. Regardless of where the accident occurred, if you have been injured by faulty fitness equipment through no fault of your own, you may be eligible to pursue a compensation claim.
Fitness equipment manufacturers and gym owner have a legal obligation to avoid causing harm to their customers, in this case, users of the equipment. This is called ‘duty of care’. If a user gets injured because of some fault in the equipment, the manufacturer or gym owner may be considered to have failed in their duty of care and could be liable to compensate the user for their injuries.
Causes Of Faulty Fitness Equipment Claims
Common causes of faulty fitness equipment claims can essentially be narrowed down to these three categories:
- Design defects – These are flaws or mistakes that are inherent in the design of the equipment. A common example of a design defect is a heavy fitness machine with a high centre of gravity. This can cause the machine to topple over easily resulting in injuries such as fractures and broken bones.
- Manufacturing defects – These are mistakes that occur during the manufacturing stage. A machine with a missing bolt or a loose gear for example. Although the design is fit for purpose, the missing bolt or loose gear can cause the machine to collapse or wobble, causing various types of injuries.
- Marketing defects – Even if the design and manufacturing are faultless, defects may still arise during the marketing stage. The manufacturer may fail to provide proper installing instructions or some other vital information regarding the use of the equipment.
Any of these defects could result in injuries ranging from mild cuts, scrapes, and sprains to more severe head, brain, or spinal cord injuries.
What To Do If You’ve Been Injured By Faulty Fitness Equipment
After an accident, your health should always be your topmost priority. You should get a thorough medical check-up at the earliest to rule out the possibility of any internal injuries. Getting an early medical check-up also serves as evidence of your injuries when making a faulty fitness equipment injury claim.
If you’re injured at the gym, call the manager, report the incident verbally and also create a written record in the gyms accident book, and get a copy for yourself. Ask for the names and contact details of other gym users who witnessed the accident. When injury claims get contested, witness statements can provide the best evidence.
Immediately after the incident, whether it happens at home or in a gym, take photographs or videos of the faulty equipment that caused your injuries. Get photographs of your injuries and also of the surrounding area. Take a closer look at the fitness equipment and if there is any evidence of injuries such as blood or pulled hair, get photographs of those too.
If you missed work because of your injuries, get a letter from your employer detailing the lost income and lost opportunities for overtime, promotions, and other perks and bonuses.
Keep a daily diary of how your injuries have affected your daily activities and quality of life. This can also be helpful if you decide to pursue a faulty fitness equipment claim.
Get in touch with a personal injury solicitor to determine your legal rights and the next course of action.
You can also report the defective product here which can help to prevent anybody else being injured by the same equipment in the future.
Making A Faulty Fitness Equipment Compensation Claim
To file a successful faulty fitness equipment compensation claim you will need to be able to prove that the manufacturer, retailer, or gym owner breached their legal duty of care by failing to ensure that you were not harmed while using their product. You must also be able to prove that your injuries were a direct result of that breach and that they caused measurable damages.
In addition, you must also know who to file your lawsuit against. Should it be against the manufacturer, retailer, gym owner, or maybe multiple parties? Also, what is the best course of action if the accident happened at home and there were no witnesses?
Experienced personal injury solicitors such as ours should have vast experience handling all types of compensation claims and will give you sound advice as to how to proceed. Most personal injury solicitors offer a complementary consultation appointment that you can use to get initial advice regarding your legal rights. If the solicitor determines that your case has merit, they may offer to represent you using a No Win No Fee contract.
No Win No Fee Compensation Claims
A typical No Win No Fee agreement essentially states that the solicitor is willing to cover all legal fees associated with your faulty fitness equipment claim. In our case, it basically means you would pay nothing until after the claim has been settled, and only if it is won. If the claim is unsuccessful, you don’t pay anything. The No Win No Fee agreement lays out all these details.
Considering their legal knowledge and experience with personal injury claims, using a personal injury solicitor can give you the best chance of winning maximum compensation for your faulty fitness equipment claim. It also ensures that your claim will get filed within the 3 year time limit. Above all, you get all of these benefits without any out of pocket expenses or personal financial risk.
How Much Compensation For A Faulty Fitness Equipment Injury Claim?
Put briefly, the amount of compensation you could claim for being injured by faulty fitness equipment isn’t a set amount. Compensation will depend on factors such as how severe your injuries are determined to be, what the future prognosis of your injury is, and how it has affected you financially. To get an idea of what compensation could be paid out for different injuries please use the calculator below.
When calculating compensation your solicitor will also include compensation for any financial losses because of the injury. These could include medical expenses, costs of ongoing medical treatments, physiotherapy sessions, loss of income, cost of home care if you need it, costs of adaptions to your home, and costs of adaptions to vehicles to accommodate for your injuries, to name a few.
If you have been injured by faulty fitness equipment and would like to discuss with a personal injury solicitor whether you could claim compensation then please contact us today.