What are my legal rights when it comes to sports injuries?
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Whether you do dance classes, lift weights or play pickleball, these activities have something in common – at some point, you may find yourself with an injury, through no fault of your own.
Naturally, the circumstances of your injury – whether you’re part of a gym, a club or participating in an event – will affect your legal rights.
To best understand your rights when it comes to sports injuries, we asked the team from Maliganis Edwards Johnson to walk us through some common scenarios.
What if I’m injured at the gym?
MEJ Solicitor Jack Reid explains why it’s important to understand your rights if you are injured while working out.
If you hurt yourself at the gym, the first steps you should take are:
- Report the incident to management – depending on the nature and severity of your injuries, it’s prudent to notify a staff member as soon as possible, confirming the date, time and circumstances of the incident.
- Seek medical treatment – this will be helpful for your injuries in the long run, but also help you document your injuries if you end up making a claim.
- Seek legal advice – if you are injured, and you believe that the injury was caused or contributed to by the negligence of another, you should act quickly. In the ACT you generally need to lodge a claim form within 9 months of the incident and commence Court proceedings within 3 years in order to protect your rights.
What if I signed a waiver?
When you register for a gym membership, you may be asked to sign a waiver. In the ACT, it’s important to know that if something goes wrong, signing a waiver or release of liability does not absolve a person or organisation from all legal responsibilities in all situations.
If you have signed a waiver when joining your gym, you may still be entitled to compensation. It’s important to consult with a legal professional who can evaluate the specific circumstances of your case and examine the language of the waiver in question
The enforceability of a waiver depends on several factors, including the legality of the waiver, the nature of the activity, the negligence standard, and relevant consumer laws. To find out more, reach out to our team.
What happens if there was an incident involving the unacceptable behaviour of another player?
While playing sports – especially team sports and contact sports – comes with an inherent risk of injury, you shouldn’t accept malicious behaviour or behaviour that goes outside of the rules of the game.
If you’ve been injured as the result of an illegal move or tackle or dangerous behaviour that clearly goes beyond the rules and boundaries of the sport’s code, get in touch with a lawyer to find out more about your rights. Firms like MEJ often have ‘no win no fee’ options, which means there is a low risk in reaching out for some initial advice.
What should I do if I have been injured while playing sport or at the gym?
Documentation is key when it comes to assessing whether an injury has been as a result of someone else’s actions or negligence.
Make sure you collect and keep any medical appointment summaries and medical reports relating to your injury, record any expenses (medical and otherwise) that have been incurred as a result of your injury, take photographs of the injury and where it happened, as well as collect any video or photographs that may have been taken when the injury occurred. If there are any witnesses who can speak to what happened, make sure to record their details as soon as is possible.
You should also keep a record of the injury report you made to staff or the clubs or institutions involved and subsequent conversations.
