Joining a gym in Ontario often involves signing membership agreements, assumption-of-risk forms and liability waivers before using the facility. Those documents can become important if an injury occurs. However, a waiver does not necessarily resolve every question about whether an injured person can pursue a personal injury claim.
Gym accidents can arise from slippery floors, defective equipment, falling weights and poorly maintained facilities. Ontario’s occupiers’ liability laws, the wording of any waiver and the circumstances surrounding the accident may all be relevant.
What Types of Accidents Can Happen at Ontario Gyms?
Some possibility of injury is inherent in physical activity. A person might strain a muscle while lifting weights, lose their balance during an exercise or be injured during a demanding fitness class.
Other injuries may involve conditions within the facility, such as slipping on water in a change room, tripping over equipment, falling because of damaged flooring, being injured by malfunctioning exercise equipment or being struck by weights.
Accidents can also occur in pools, saunas, locker rooms, stairwells and parking areas. Determining the legal significance of an accident generally requires consideration of how and why it happened.
What Does Ontario’s Occupiers’ Liability Act Require?
Ontario’s Occupiers’ Liability Act generally requires an occupier to take reasonable care in the circumstances to see that people entering the premises are reasonably safe.
An “occupier” is not necessarily limited to the property owner. Depending on the circumstances, it may include a person who possesses the premises or exercises responsibility and control over their condition or the activities carried out there.
In a gym setting, this can raise questions about the responsibilities of a gym operator, building owner, property manager or another party exercising sufficient control.
Does a Gym Have to Prevent Every Injury?
The duty under the Occupiers’ Liability Act is based on reasonable care. It does not guarantee that no person will ever be injured.
Whether reasonable care was taken is fact-specific. Relevant considerations may include inspection and maintenance practices, the existence and duration of a hazard, whether staff knew or should have known about it, and what steps were taken in response. For example, an injury occurring during an exercise may involve different considerations from a slip on an unmarked wet floor.
What If the Injury Was Caused by Gym Equipment?
Treadmills, cable machines, benches and other equipment may require regular inspection, maintenance and repair. After an equipment-related injury, questions may arise about whether the equipment malfunctioned, whether maintenance was adequate, whether previous problems had been reported and whether appropriate warnings or instructions were provided.
Depending on the circumstances, a gym operator, equipment manufacturer, maintenance company or another business could potentially be relevant.
What If Another Gym Member Caused the Accident?
Not every gym injury results from the condition of the premises. Someone might be struck by a dropped weight, injured during a group activity or hurt because of another person’s actions.
The conduct of those involved may need to be considered alongside the facility’s responsibilities. Gym rules, supervision, the nature of the activity and the events leading to the injury can all be relevant.
Does Signing a Gym Waiver Prevent a Personal Injury Lawsuit?
Liability waivers are common at gyms and other recreational facilities. They may seek to limit or exclude liability for injuries associated with using the premises or participating in activities.
Ontario’s Occupiers’ Liability Act permits an occupier, in some circumstances, to restrict, modify or exclude its duty of care by agreement or notice. The legislation also addresses the reasonable steps required to bring such a restriction to a person’s attention.
A signed waiver can therefore be important, but its effect may depend on its wording, how it was presented and whether it applies to the circumstances that caused the injury.
Why Does the Wording of the Waiver Matter?
Waivers vary considerably. Some use broad language addressing negligence and numerous activities, while others are limited to particular risks.
If a dispute arises, the agreement may be examined to determine what risks or liabilities it was intended to cover. A waiver addressing risks associated with a particular fitness activity may raise different questions from one expressly addressing the condition or maintenance of the premises. Its effect depends on both its terms and the circumstances of the case.
What If the Gym Membership Was Purchased Online?
Many memberships are now purchased through websites or apps, where customers accept terms by clicking a button or checking a box.
An electronic agreement is not necessarily ineffective because it was completed online. Relevant questions may include which terms were displayed, how the member accepted them, whether a liability exclusion was sufficiently brought to their attention and what records document the transaction.
Confirmation emails and copies of the applicable online terms may therefore become important after an injury.
Can a Waiver Cover Every Type of Gym Accident?
The existence of a waiver should not automatically be treated as resolving every potential claim. Its application may depend on both the language used and the cause of the accident.
An injury arising from an ordinary risk associated with exercise may involve different considerations from one allegedly caused by unsafe premises or malfunctioning equipment.
Other legislation can also be relevant. Ontario’s Consumer Protection Act, 2002, for example, contains provisions concerning consumer agreements and attempts to waive certain statutory rights.
Could an Injured Gym Member Be Partly Responsible?
The injured person’s conduct may also be relevant. Ontario’s Negligence Act permits responsibility for damages to be divided when the fault or negligence of multiple parties contributes to a loss. Questions may arise about whether equipment was used as intended, whether warnings were followed and how the accident occurred.
Contributory negligence does not necessarily prevent a claim altogether. Where established, damages may instead be apportioned according to the degree of fault.
What Evidence Can Matter After a Gym Accident?
Conditions inside a busy gym can change quickly. Spills may be cleaned, equipment repaired or moved, and surveillance footage overwritten.
Relevant evidence may include photographs, video, surveillance footage, incident reports, witness information, maintenance records, equipment records, membership agreements, waivers and communications with the facility. Medical records may also document the nature and progression of an injury and the losses allegedly resulting from it.
How Long Does Someone Have to Bring a Gym Injury Claim?
Ontario’s Limitations Act, 2002 generally establishes a two-year basic limitation period for many civil claims, calculated from when the claim was discovered. The applicable deadline can depend on factors including the identity of the proposed defendant, the injured person’s age and the surrounding circumstances.
There may also be practical reasons to investigate an accident earlier, particularly where surveillance footage, witness recollections, or physical evidence could disappear or change.
A Gym Waiver Is Only One Part of the Picture
Fitness activities naturally involve some degree of risk. At the same time, Ontario law imposes duties relating to the reasonable safety of premises. A gym injury claim may require consideration of the cause of the accident, the conduct of those involved, the condition of the premises, maintenance practices and the terms of any waiver or membership agreement.
A signed waiver can therefore be an important part of the analysis without necessarily determining the outcome on its own.
Injured at a Gym in Ontario? Contact the Personal Injury Lawyers at Tierney Stauffer LLP
If you have been injured at a gym, fitness centre, recreational facility or health club in Ontario, questions may arise about occupiers’ liability, negligence, liability waivers and the compensation that may be available following the accident.
The personal injury lawyers at Tierney Stauffer LLP assist people injured in slip and falls, premises liability accidents and other preventable incidents throughout Ottawa, Cornwall, Kingston, North Bay, and the surrounding areas. To schedule a confidential consultation, please contact us online or call 1-888-799-8057.
