Gym Accident Compensation Claims

Exercising should improve your health, not damage it, so a gym injury caused by someone else’s carelessness is especially frustrating. Not every gym injury can be claimed for, but where yours was caused by faulty equipment, poor instruction, or an unsafe environment, you may be entitled to compensation.

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Seeking Compensation Following an Accident in a Public Gym

Our highly experienced personal injury team here at McCarthy + Co Solicitors LLP has brought many public liability claims for injured plaintiffs across Ireland. We have acted for people injured in gyms, sports centres, leisure facilities, and many other types of public premises. As the occupier of the premises, a gym owes its members a duty under the Occupiers’ Liability Act 1995, as amended in 2023, to take reasonable care for their safety. Situations that can give rise to a claim include:

a slip, trip, or fall caused by a wet floor, an uneven surface, or an obstruction left in a walkway;
an injury caused by faulty or poorly maintained equipment;
inadequate supervision, or being left unassisted during a high-risk activity;
being encouraged by an instructor to lift beyond your capacity, or being given incorrect technique advice;
a weight falling from an improperly secured or maintained rack or machine;
inadequate safety features, such as missing padding or a lack of emergency stop buttons; and
an injury from a structural failure, such as a collapsing bench.

If you have sustained an injury while using a public gym or sports centre and you would like advice on whether you are entitled to bring a claim, arrange a time to speak with a solicitor here by completing our quick and confidential online form.

What about the waiver I signed?

Many people assume that, because they signed a membership form or waiver, they cannot claim if they are hurt. That is not correct. Under Irish and European consumer law, a gym cannot use a contract term or a notice to exclude its liability for a personal injury caused by its own negligence, and any clause that tries to do so is generally not effective.

What the law does recognise is that exercise carries certain inherent risks, and that a member who takes part accepts those ordinary risks. Since the Occupiers’ Liability Act was amended in 2023, a gym has a stronger defence of ‘voluntary assumption of risk’, under which it owes no duty in respect of a risk that you willingly accepted and were able to understand. Crucially, that applies to the obvious, inherent risks of exercising, not to hidden dangers or to the gym’s own negligence, such as a defective machine or negligent instruction from a trainer. The key question, then, is usually not whether you signed a waiver, but whether your injury was caused by a risk you genuinely accepted, or by the gym falling short of its duty. If you have signed a waiver, it is worth bringing a copy to us, because it does not, by itself, prevent you from making a claim.

“From the very start I felt completely looked after by Liam and his team. From the initial phone call he listened to everything with a caring and sympathetic nature. I felt he genuinely cared for my welfare and I was always put at ease when I had enquiries. I would not hesitate to use this company again or to recommend to a friend or a family member. My case was handled swiftly and with integrity and the outcome far exceeded my expectations. I wish Liam and his team all the best in the future.”

Catherine Keating

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Meet Liam Crowley

Liam Crowley is a partner at McCarthy + Co Solicitors LLP and leads our personal injury department. He has worked in litigation for almost 20 years, and in recent years he has acted almost exclusively for personal injury plaintiffs before the Circuit and High Courts, attending court venues throughout Ireland. He has handled many complex High Court actions involving multiple defendants and high-value loss of earnings claims, and he has managed investigations and claims in many product and public liability cases.

If you have been injured in a gym or leisure facility, and you would like trusted, attentive advice, you can contact Liam directly at liam@mccarthy.ie.

Frequently Asked Questions

Some of the questions we are often asked in relation to gym accidents.

Can I claim if I simply overdid it in the gym?

Not usually. Ordinary overexertion, where you pushed yourself too hard, is not something the gym is responsible for. The position can be different where a trainer or instructor aggressively pushed you beyond your capacity, or gave you incorrect and unsafe advice, because that may amount to negligence on their part. The distinction can be fine, so it is worth discussing the specific circumstances.

What do I need to prove?

That the gym, or another party, owed you a duty of care, that it failed to take reasonable care, and that this failure caused your injury. Helpful evidence includes photographs of any faulty equipment or hazard, the gym’s maintenance and inspection records, an incident report, witness details, and your medical records. We can gather this as part of investigating your claim.

How long do I have to make a claim?

In most cases, two years, less one day, from the date of the accident or the date you became aware of your injury. Because evidence such as maintenance records and CCTV is best obtained early, it is wise to take advice promptly.

Do I need a solicitor?

You are not required to, but it can make a real difference, particularly given how often gyms rely on waivers and the voluntary assumption of risk defence. A solicitor can assess the true effect of any waiver, gather the evidence, deal with the gym and its insurers, and manage the Injuries Resolution Board process on your behalf.