Gym members get injured while working out all of the time. Whether it's lifting too much weight, or pulling a muscle, or having a broken machine collapse on you, you may be wondering if your gym contract precludes you from recovering damages.

Can gym members sue their gym if they are injured on the premises?

Examining the Liability Waiver

It's known that working out has its inherent dangers, so most gyms require that their new members sign some type of a liability waiver. Since it's very possible for exercise and weight lifting to lead to injuries, it's understandable why gym owners would want to shield themselves from lawsuits by requiring liability waivers.

However, depending on the type of liability waiver that you signed, you still may have grounds to sue if you get injured at the gym.

Two common types of liability waivers in gym contracts:

• Waiver for negligence. In this case, gym members are prohibited from suing the gym for injuries caused by the employees or the gym's negligence.
• Total waiver of liability. This waiver frees a gym of al liability for any injuries that occur. If these types of waivers are overly broad, they can be unenforceable by the court.

Depending on the facts of the case, it is possible that you could file a lawsuit if you are injured at the gym. For example, if the gym owner knew that a weight machine was broken and that it could collapse on a member, but failed to put up a sign warning members, or didn't fix it, then that could certainly be considered negligent behavior, which warrants a lawsuit against the gym.

If you were injured at the gym, consult a personal injury attorney in your area and have him or her review your gym contract.