In the different case in which the injury occurs during the performance of an exercise recommended by a teacher, the latter could be held responsible together with the manager of the structure since the exercises must be calibrated according to age, physical condition and the actual abilities of the students. The casuistry is so vast that it is impossible to reduce it to a universal rule. It is always advisable to hear the opinion of an Overland Park Accident Lawyer who can shed light on the responsibility of the teacher or manager. In general, however, the instructor has the obligation both to supervise the correct execution of the exercise and to teach how to best handle the fitness tools.
There are certainly borderline cases, such as the case in which the beginners course of a particular discipline is combined with the advanced course: it will certainly not be appropriate to undertake a movement for which the necessary years of training have not been carried out. Aside from these glaring cases, most injuries in the gym deserve a thorough analysis of the circumstances in which they occurred.
- In the hypothesis of commencing a claim for damages, in principle, when the injury in the gym occurred during physical activity or in the premises of the center, the judge will assess whether the damage is derived from the potential damage to the equipment and / or due to the negligent behavior of the manager / teacher. In other words, if the damage is not the consequence of an imprudent and undisciplined behavior of the client or of a totally unpredictable and exceptional event, the judge will recognize a right to compensation.
What types of damages can be compensated in the event of an injury in the gym? You will be reimbursed for the expenses incurred for the therapies and for the loss of earnings resulting from the damage, for example due to the fact that you did not work because you were forced to rest. The jurisprudence also recognizes the so-called moral damage and the so-called biological damage as compensable.
The First One
The first consists in the “momentary psychological disturbance linked to physical suffering and moral pain “While the second, more serious, occurs when the injury has negatively affected the state of mind of the person who has suffered it and their psychological aptitude to participate in normal daily activities. The category is broad and includes, among many others, the reduction of the ability to relate with other individuals and the decrease in a person’s aptitude to work, or even the decrease in sexual capacity.
To conclude, therefore, first of all it is advisable to choose the right gym, find out about the conditions of the insurance policy and, alternatively, protect yourself independently by taking out a policy of the RC insurance model: there are all types and the costs are relatively low. In any case, it is advisable to pay attention to physical exercises and go gradually, without exaggerating. In the unfortunate event that, despite the precautions, you are the victim of an injury in the gym, it will be useful to act promptly in writing and hear the opinion of a lawyer.