I wish to make a health club accident injury claim after the equipment I was using collapsed and I was wondering who is liable for my injury?
You may be entitled to make a health club accident injury claim if you have suffered an injury for which you are not entirely to blame. This could be the situation if your accident in a health club was caused by the negligent actions – or inactions – of the health club in question who owed you a duty of care for your health and safety. However it should also be kept in mind that this duty of care is not necessarily absolute, and there are certain circumstances in which you may not be entitled to claim compensation for a health club accident. For this reason, you are strongly advised to contact a personal injury solicitor at the earliest opportunity following your injury in a health club in order to receive a full assessment of your claim.
Your health club accident injury claim will be possible if it can be determined that the lack of safety at the health club culminated in your accident and injury. This could be the situation if the equipment provided was in a poor condition and was no longer suitable for usage because of the increased risk of an injury in a health club occurring. The equipment in question should have been inspected regularly by staff at the health club to assess the risk of an accident in a health club and once a fault was discovered, it should have been removed from use until it was repaired or replaced. Failure to do so may be determined to be negligence on behalf of the health club staff and compensation for a health club accident will be made against the insurance policy of the club if they had taken insufficient measures to avert the possibility of an injury from occurring.
However you could be considered to be liable for your own health club accident injury claim if you failed to take measures to avert an accident or injury. This could be the situation if you had noticed a fault with the equipment before your accident in a health club occurred but you failed to report this and used it regardless. If you sustained an injury in a health club as a result of this, you could be considered to have contributed to the cause of your injury as a result of your own lack of care. Being partially liable for your own injuries does not always entail disqualification from claiming compensation for a health club accident – however the amount of compensation to which you may be entitled can be reduced to reflect your own lack of care.
Determining liability is crucial when making a claim for an accident in a health club and for this reason a personal injury solicitor should always be consulted when pursuing compensation. The amount of compensation for a health club accident can depend upon the strength of your claim, which in turn can depend upon the preparation which goes into making a claim. Following your injury in a health club, you will have two years in which to make a claim to compensation as per the Statute of Limitations. For this reason, you are advised to consult a personal injury solicitor at the earliest opportunity to assess your health club accident injury claim and to increase the possibility that your claim will be successful.