Sometimes, you might receive a minor injury by taking on more than you can handle during a workout. However, other times, your injury may be due to no fault of your own. Rather, the root cause may be the negligence of a gym owner. Read on to discover whether you are qualified to sue a gym after getting injured and how a seasoned Toronto slip and fall lawyer at Merricks Law Group, P.A. can help consider your legal options.
Am I qualified to sue a gym after getting injured?
Unfortunately, a gym may be full of hidden hazards that ultimately result in your accident. With that being said, you may be qualified to sue a gym after getting injured in any of the following ways:
- You were injured after using a defective or improperly maintained piece of equipment.
- You were injured after standing under an unfastened piece of equipment.
- You were injured after exercising with an improperly staffed or taught trainer.
- You were injured after walking across a wet floor with no posted signage.
- You were ill after using a locker room contaminated with mold, asbestos, etc.
However, before proceeding forward with your claim, you must confirm a couple of things. First, you must ensure that you did not accept any type of gift (i.e., gift certificate, free merchandise, free month of membership, etc.) from a gym owner or employee after you incurred your injury. This is because the defendant may argue that this gift served as the settlement for your claim. Secondly, you must ensure that you did not sign any additional paperwork, besides a waiver, upon joining your gym. This is because the defendant may argue that your signing of these documents meant that you completely waived your right to sue.
What is the statute of limitations for my claim?
Lastly, you must not ponder on whether to pursue a personal injury claim for too long. Instead, you must take action as soon as possible, as there is a statute of limitations in place. This deadline is generally two years from the date on which your accident occurred. You must also account for the time it will take you to collect the necessary evidence you need to submit alongside your claim.
A failure to file your personal injury claim on time may mean that you are permanently barred from an opportunity to sue. Further, this may mean that you may never obtain the financial compensation you need to properly heal. With this, you may never obtain justice over the negligent gym owner. For these reasons alone, you must consult with a competent Ontario personal injury lawyer immediately. Our team at Merricks Law Group, P.A. is happy to advise you.