While gyms are generally positive places visited by people keen to become the healthiest version of themselves possible, they also pose obvious dangers.

In 2017, a 15-year-old boy became trapped under 98kg weights at a 24-hour gym and died when there was no one else around to come to his aid while in November 2022, a fitness fanatic suffered life-changing spinal injuries after he was crushed by weights at a Brisbane gym.

These incidents remind that gym owners carry a duty of care to patrons to ensure their safety and well-being. This article focuses on the legal obligations and responsibilities of gym owners and patrons in the context of Queensland’s Personal Injuries Proceedings Act (‘PIPA’), and how a patron can make a claim against a gym’s public liability insurer if they believe their gym injury was due to the venue’s negligence.

Understanding the duty of care concept

Duty of care is a fundamental legal concept whereby individuals or organisations have a legal obligation to take reasonable measures to prevent harm to others. For a person to proceed with an action for compensation where they allege their injury was caused by the negligence of another person or organisation, establishing a duty of care relationship existed between the parties is fundamental.

In the context of gyms, this duty extends to both gym owners – sometimes termed the ‘occupier’s liability’ - and patrons. For gym owners, the duty of care towards their customers includes responsibilities to:

• Maintain a safe environment: Gym owners must ensure that the gym premises are safe for patrons through regular inspections, maintenance, and prompt repairs of equipment and facilities.
  
• Proper training of staff: Employing staff who are adequately trained to use and maintain gym equipment is essential. This training should also cover emergency response procedures, including first aid and CPR.
• Clear warning signs: Gyms should display clear warning signs and safety guidelines to inform patrons of potential risks associated with certain exercises or equipment. This extends to clear signage about how to use and operate pieces of gym equipment.
• Supervision and assistance: In some cases, it is necessary to provide supervision or assistance to patrons, especially those who are new to the gym environment or attempting advanced exercises.
• Maintaining hygiene: Cleanliness and sanitation is vital, particularly in shared spaces like locker rooms and shower areas.

Duty of care may extend to a fitness trainer working at a gym, ensuring they design a program for a client that is not likely to cause the injury. Should a client be injured, a personal injury claim may lay against the gym owner or the trainer on their own, depending on their employment status.

Gym-goers also have a duty of care. While gym owners are responsible for providing a safe environment, patrons must act responsibly to minimize risks to themselves and others by:

• following the gym’s rules and guidelines such as using equipment as intended, wearing appropriate attire, and following safety protocols – a patron who lifts weights beyond their capability or fails to follow instructions on how a gym apparatus should be used, may forfeit their right to seek compensation should they sustain an injury;
• proper warm-up and stretching to prevent injury;
• reporting equipment faults or any other facility hazards promptly to the gym staff or management;
• exercising caution not to injure other gym users i.e. by dropping a weight on someone’s foot, for which they might become personally liable.

When a person joins a gym, it is typical they are asked to sign a waiver as part of their membership contract which includes terms indemnifying the owner against liability for injury. The waiver, however, may not be effective if the gym breached its duty of care to a patron – by not maintaining a safe work-out environment, for instance – and caused them injury.

Users of 24-hour gyms that are unsupervised should be aware that a public liability insurance claim will likely fail if they injured themselves through their own actions. The success of a compensation claim will depend on the circumstances of how the injury was sustained.

How PIPA works with claims for injuries sustained at the gym

In Queensland, one of the key pieces of legislation governing personal injury claims is PIPA, providing detail on the pre-court procedures parties to a claim need to follow. The common law test for breach of duty of care is also codified in Section 9 of Queensland’s Civil Liability Act 2003 (‘CLA’). The CLA remains the over-arching legislation to help the court determine liability and assess damages.

Under PIPA, an injured person is first required to give a Notice of Claim to the person they believe is liable for their injury within the specified timeframes, such as a gym owner or operator.

The gym owner or their insurer must conduct a preliminary assessment of the claim within a specific time frame, addressing liability and damages. PIPA also encourages early settlement of claims - the claimant's lawyer and the gym's representative must conference and exchange information to facilitate settlement in the hope of avoiding costly and time-consuming court action.

PIPA sets out strict time limitations for commencing legal proceedings. Generally, a claim must be filed within three years from the date of the incident, although exceptions may apply in certain circumstances.

If a settlement cannot be reached, the claim may proceed to court where liability and damages will be determined.

How our expert team can help

At Lifestyle Injury Lawyers our Gold Cost personal injury lawyers, claims against operators of public spaces like gyms are one of our specialities. If you sustained an injury at the gym and believe someone else’s negligence was the cause, contact us today for expert guidance on the duty of care owed by the gym operator and how your claim might progress, including the requirements under CLA and PIPA legislation.