Understanding Your Rights: Waivers for Physical Injuries at Gyms and Spas

When you sign up for a gym membership or a day of pampering at the spa, the last thing on your mind might be the possibility of getting injured. Yet, before you can start using the facilities, you’re often asked to sign a waiver. As a law firm specializing in personal injuries, we believe it’s crucial for you to understand what these waivers mean and the extent of your rights if an injury does occur.

What Are Waivers and Why Do Gyms and Spas Use Them?

Waivers are legal documents that facilities like gyms and spas use to protect themselves from liability in case a member or a guest gets injured while using their services. By signing a waiver, you’re essentially agreeing not to hold the facility responsible for injuries resulting from ordinary negligence. This could include injuries from slipping on a wet floor, equipment malfunctions, or other accidents.

Are Waivers Legally Binding?

The short answer is: It depends. Waivers are generally enforceable if they are properly drafted and comply with state laws. However, there are limitations. For instance, a waiver cannot shield a facility from liability for gross negligence, willful or wanton conduct, or intentional acts that cause harm.

What Constitutes Gross Negligence?

Gross negligence refers to a severe form of carelessness that shows a blatant disregard for the safety or lives of others. In the context of a gym or spa, this might involve failing to maintain equipment properly, hiring unqualified staff, or ignoring safety protocols that result in a hazardous environment.

Reading the Fine Print

It’s always in your best interest to read and understand any waiver before signing it. Look for clear explanations of what rights you’re giving up. If a waiver seems overly broad or if you’re unsure about the terms, consider asking questions or seeking legal advice before signing it.

What to Do If You’re Injured

If you’ve signed a waiver but get injured at a gym or spa, you might still have legal recourse. Here’s what to do:

1.  Report the Injury: Inform the facility’s management about the incident as soon as possible and make sure to obtain a copy of the incident report.
2. Seek Medical Attention: Your health is the priority. Get the necessary medical care immediately.
3. Document Everything: Take photos of the scene, your injuries, and keep records of any medical treatment.
4. Gather Witness Information: If anyone saw what happened, get their contact information, including their name, phone number and if possible, a description of what they witnessed.
5. Consult a Personal Injury Attorney: Before you accept any settlement or sign any documents post-injury, consult with an attorney who specializes in personal injury law. With our expertise, we can review the waiver and the circumstances of your injury to determine if you have a case.

How Miller Personal Injury Attorneys Can Help

Even with a signed waiver, you have rights. Facilities are required to maintain a safe environment and can be held accountable if their failure to do so leads to an injury. At Miller Personal Injury Attorneys, we are committed to helping you understand your rights and maneuvering the complexities of Nevada personal injury law.

If you or someone you know has been injured at a gym or spa despite signing a waiver, do not hesitate to contact us at (702) 330-0013 for a free consultation. We’re here to help!