Common Defenses a Personal Trainer Can Raise Against You in a Lawsuit
Training in a gym comes with several risks. You can suffer life-threatening injuries that require a lot of money to treat. The injuries might also force you to stay out of work for some time while recuperating.
You need to file a lawsuit for compensation for the losses from the injury (just be aware that it can also affect your relationship). The liable person in most cases is either the personal trainer or the gym.
A personal trainer can be liable for having given you an ineffective workout regime. They might have also let you train for too long or exercise with too much weight. Whatever you do in the gym, it’s the personal trainer to supervise and ensure you don’t hurt yourself.
The gym can also be at fault for negligent hiring, supervision, or training. Given the gym is responsible for the personal trainer as an employer, you can sue for vicarious liability.
Even though the trainer or gym is liable for your injury, they are likely to raise legal defenses. Some of the likely defenses include;
- You assumed the risk.
The defendants are likely to claim you assumed the risk of sustaining the injury. As a sound gym user, you understand every possible concern like an injury with the training. They will claim the risks are obvious, and by proceeding to train, you were prepared for it. You also might have been aware of personal risks to look out for when working out.
- You signed a liability waiver.
Gyms and several other businesses want users to sign a liability waiver agreement before uptaking the service. The waiver has clauses that lift the liability from the gym or personal instructor in case of an injury.
You agree to not sue in case of any injuries due to the personal trainer’s negligence.
- You are partially to blame for your injury.
The defendants will also look into your role in sustaining the injury. The trainer might fault you for failing to follow the regime or adhering to instructions.
When it’s proven you are to blame for the injury, the personal trainer or employer pays less.
What to do When a Personal Trainer Raises a Defense Against You
A personal trainer or the employer raising these defenses does not fully diminish your chances of compensation. Some of the legal actions to take are;
- Contact a Personal Trainer Negligence Lawyer
Working with a personal trainer negligence lawyer is the secure way to get the rightful compensation amid a defense. The lawyer has the experience to rebuttal all the defenses using evidence and counterarguments.
An experienced lawyer has handled such cases before and has the needed know-how to go about everything in the lawsuit.
- Provide evidence
Every claim is inadmissible in a lawsuit except with evidence. Back up your claims with evidence that incriminates the personal trainer or the employer.
Most gyms have security cameras; as such, you can rely on the footage for evidence.
- Seek for witnesses
Most gyms are never empty at any time of the day. Look for some of the people present when getting hurt. They will help corroborate your story.
How to Hire a Personal Trainer Negligence Lawyer
Now that you understand the role of a personal trainer negligence lawyer, you must invest in the best one. An ideal lawyer will provide sufficient evidence and argue your case successfully.
Some of the factors to consider when hiring a lawyer include;
- Experience
Arguing out a personal trainer negligence case is not the same as the other common incidents. Given the voluntary nature of personal training, it takes massive evidence to prove the claim. The defendant is also likely to have a lawyer to defend against you.
However, don’t worry if you have an experienced lawyer. The lawyer comes with expertise in collecting and presenting evidence. After years in practice, they already understand the best way to counter any defense raised against you.
- Availability to work on your case
No lawyer handles a single at any given time. They can always find time and resources to have multiple clients. The more successful a lawyer is, the more clients they have.
Look for a lawyer who has the time to work your case. They should treat your lawsuit as vital as any other client’s. Do not hesitate to change lawyers if you feel otherwise.
- Cost
The various lawyer charges differently for their services. Look for a personal trainer lawyer you can afford their services.
Better still, look for a lawyer with convenient payment plans. For example, you only pay when you win the case.
- Reviews
When hiring a lawyer, you are looking for the best available. You want a lawyer who is easy to work with and keeps you updated. Look for what to expect when you hire the lawyer through the reviews and ratings. Most lawyers provide websites that feature the ratings and comments sections. Do not overlook any complaints.
Bottom Line
No personal trainer or gym is willing to compensate you without raising a defense. Work with an experienced personal trainer negligence attorney to ensure rightful compensation.
