Ontario Personal Injury Lawyers
Call 1-888-404-5167
Preszler Injury Lawyers

Safety at the Gym: Premises Liability Issues in Ontario


Every January sees a dramatic influx of new members to Ontario gyms. The Central Ontario Better Business Bureau estimates that gym activity increases by 50% from December to January, and at least one gym in Kitchener reported that 70% of its new members sign up that month.

Although many of those new members stop going by this time of year, it’s important for those who continue to understand what legal recourse may be available against the gym if they are injured there. Answering that question will usually raise issues under Ontario’s Occupiers’ Liability Act (OLA), which we’ve discussed in detail before, including whether the gym’s membership agreement includes an effective liability waiver.

This post considers those issues in more detail.

Talk With Our Legal Team



If you have any questions and would like to schedule a call with our legal team for a FREE no-obligation consultation, contact us now. During this call you can ask any questions as it relates to your accident and/or claim and we'll discuss your options and possible outcomes.

Regardless of where you're located in Ontario – we may be able to help you. Don't delay - call us. Our lines are open 24/7.

Refresher: The Occupiers’ Liability Act

The OLA is an Ontario statute that defines the duties that occupiers of premises owe to those who enter their premises. Occupiers include any person in physical possession of the premises or who has responsibility and control over the condition of the premises, the activities allowed on the premises, or who is allowed to enter. For a gym, that would be the individual or company that owns or operates the gym.

In general, occupiers must take reasonable care to ensure that people who enter the premises, and the property they bring with them, are reasonably safe while there. This duty applies to both the conditions of the premises (e.g., whether gym equipment is in good working order), and the activities that occur there (e.g., exercising).

However, there are exceptions to that general duty. We’ve discussed one of those exceptions before: If a person willingly assumes a risk when entering onto an occupier’s property, then the occupier owes a lower standard of care to that person.

But there is another exception that comes up in the context of gym injuries, and under that exception, the occupier may not owe a duty at all, so let’s turn to that now.

Call 1-888-608-2111 for available options or Book a Consultation

The OLA, Liability Waivers, and Gym Membership Agreements

When you signed up for your gym membership, you had to sign a membership agreement, which is a contract between you and the gym owner or operator. Whether you read it or not (and, as an aside, you should read things before you sign them!), that membership agreement likely included a liability-waiver provision.

Liability waivers are agreements that say that you waive any right to hold another person legally responsible if you become injured. You can see an example of a gym’s liability-waiver clause in the 2015 decision Jensen v. Fit City Health Centre. There, the gym’s membership agreement included the following language:

The Member forever releases and discharges the Club . . . from:

(a) any damages arising from personal injuries sustained by the Member, in or about the premises. The Member assumes full responsibility for such injuries and damages, including without limitation any claim for personal injuries resulting from and arising out of either the negligence of the Club . . . or the negligence of any other person[.]

Is such language enforceable?

It can be. Section 3(3) of the OLA specifically authorizes an occupier to “restrict, modify or exclude” the general duty of care. But whether the waiver is effective in a particular case depends on two other issues: whether the language is broad and clear enough to cover the injury claimed by the plaintiff, and whether the occupier sufficiently brought the waiver provision to the plaintiff’s attention before he or she signed.

As to that first issue, the court in Jensen said that it is “well established” that a general release won’t apply to injuries caused by negligence (i.e., a failure to follow a reasonable standard of care) unless negligence is explicitly covered by the waiver. You can see that that was done in Jensen, but not every gym thinks to include that language in its liability waiver.

Additionally, for a waiver under the OLA to be effective, section 5(3) requires the occupier to “take reasonable steps to bring such restriction, modification or exclusion to the attention of the person to whom the duty is owed.” Simply hiding the term in small print at the back of a lengthy membership agreement won’t work.

Recovering for Gym Injuries in Ontario

As you can tell, understanding how the Occupiers’ Liability Act applies to a claim involving gym injuries requires a detailed examination of the facts and circumstances involved in that claim in light of the OLA’s provisions. Because of that fact, hiring an Ontario personal injury lawyer is critical to the success of gym injury claims.

Preszler Injury Lawyers is a Toronto based personal injury law firm that helps clients recover for their injuries under the Occupiers’ Liability Act and other Ontario laws. Our lawyers apply their extensive knowledge and skill to each case they take on, and we offer free consultations to help you understand your legal options and decide on the best course of action for you following an injury. If you’ve suffered an injury at the gym, contact us today to find out how we can help.

related videos


 

Can I File An Injury Claim Without Insurance?
 

Communicating With Injury Clients
 

Does Insurance Really Watch People After They File Injury Claims?
 

How Our Lawyers Can Help With Your Injury Claim
 

How to File a Sports Injury Claim
 

Importance of Experience When Choosing An Injury Lawyer
 

Personal Injury Lawyers
 

Personal Injury Settlement Restrictions
 

Potential Impact of Social Media on a Personal Injury Claim
 

Pre-Existing Injuries and Their Impact on An Injury Settlement
 

Protecting Yourself From a Swimming Pool Accident
 

Safety Tips For Sending Your Child to Summer Camp
 

Seeking Help For Your Personal Injury
 

Steps to Take to Help My Injury Case
 

The Role of a Doctor in An Injury Claim
 

What is a Tort Claim?
 

What makes Preszler Law different?
 

What To Look For When Hiring a Personal Injury Lawyer
 

Your Legal Rights During a Personal Injury Claim
 
Call us now at
1-800-JUSTICE
®

151 Eglinton Ave W,
Toronto, ON
M4R 1A6
Fax: 1-855-364-7027
Toll Free: 1-888-608-2111
4145 N Service Rd
Burlington, ON
L7L 4X6
Fax: 1-855-364-7027
Toll Free: 1-888-608-2111
2 County Ct Blvd #400,
Brampton, ON
L6W 3W8
Fax: 1-855-364-7027
Toll Free: 1-888-608-2111
105 Consumers Drive
Whitby, ON
L1N 1C4
Fax: 1-855-364-7027
Toll Free: 1-888-608-2111
92 Caplan Ave #121,
Barrie, ON
L4N 0Z7
Fax: 1-855-364-7027
Toll Free: 1-888-608-2111
380 Wellington St Tower B, 6th Floor,
London, ON
N6A 5B5
Toll Free: 1-888-608-2111
2233 Argentia Rd Suite 302,
East Tower Mississauga, ON
L5N 6A6
Toll Free: 1-888-608-2111
1 Hunter St E,
Hamilton, ON
L8N 3W1
Fax: 1-855-364-7027
Toll Free: 1-888-608-2111
459 George St N,
Peterborough, ON
K9H 3R9
Fax: 1-855-364-7027
Toll Free: 1-888-608-2111
22 Frederick Street,
Suite 700
Kitchener, ON N2H 6M6
Fax: 1-855-364-7027
Toll Free: 1-888-608-2111
116 Lisgar Street, Suite 300
Ottawa ON
K2P 0C2
Toll Free: 1-888-608-2111
10 Milner Business Ct #300,
Scarborough, ON
M1B 3C6
Toll Free: 1-888-608-2111
*consultation offices

DISCLAIMER: Please be advised that the header image and other images throughout this website may include both lawyer and non-lawyer/paralegal employees of Preszler Injury Lawyers and DPJP Professional Corporation and unrelated third parties. Our spokesperson John Fraser, or any other non-lawyer/paralegals in our marketing is not to be construed in any way as misleading to the public. Our marketing efforts are not intended to suggest qualitative superiority to other lawyers, paralegals or law firms in any way. Any questions regarding the usage of non-lawyers in our legal marketing or otherwise can be directed to our management team. Please also note that past results are not indicative of future results and that each case is unique and that case results listed on site are from experiences across Canada and are not specific to any province. Please be advised that some of the content on this website may be out of date. None of the content is intended to act as legal advice as each situation is independent and unique and requires individual legal advice from a licensed lawyer or paralegal. For legal advice on your individual situation – we can provide legal guidance after you have contacted our firm and we have established a lawyer-client relationship contractually. Maximum contingency fee charged is 33%. Finally, our usage of awards and logos for awards does not suggest qualitative superiority to other lawyers, paralegals or law firms. All awards received from third party organizations have been done so through their own reasonable evaluative process and do not include any payment for these awards except for the use of the award logos for our marketing assets. We are also proud to service additional provinces like Alberta, British Columbia and Nova Scotia.