Protections For Canadians With Gym Membership Contracts

Canadians enjoy the availability of government-sponsored health insurance. Still, their enjoyment could force the government to pay a price for its generosity. It could force the government to pay for any injury that the user of a gym might suffer. In an effort to avoid that nightmare, Canada has granted special protections to Canadians with a gym membership.

Nature of special protection for those with gym membership

The member of a club/gym has the right to hold certain people liable, if he or she gets injured while working out in one of the gyms. That coverage would be granted to anyone that chose to workout in one of Ontario’s gyms.

Who could be held liable?

The gym owner

The trainer

The coach

Examples of negligence, which could cause one of the 3 people named above to be held liable for a given injury

Possible negligence on the part of the gym’s owner: Poorly maintained equipment, broken equipment, a wet floor, hazardous conditions, such as a loose electric cord, loose floor mats, lack of first aid equipment, absence of warnings or instructions

Possible negligence on the part of a trainer: Encouraging member of gym to perform a risky movement. A risky movement would be one that could cause development of one of the more typical injuries. An example of such a movement would be lifting an especially heavy weight over the head.

Possible negligence on the part of a coach: Encouraging members of a team to carry out a risky attack or defense, when competing with another team. Again, the risk would increase the chances for development of a typical injury.

Injuries frequently sustained by someone that has chosen to work out in a gym

Muscle strain

Stress fracture

Damage to tendons or joints


There is advice for Personal Injury Lawyer St. Catharines that must prove one of the 4 listed injuries:

Evidence of a stress fracture can be captured in an x-ray. Evidence of damage to the tendons or joints can be shown in a CT scan or an MRI. Until recently, though, it was hard to prove the existence of muscle strain.

Now that is no longer the case. Now the user of a gym can get tested for the existence of muscle strain. One of two procedures can be used to complete that test. One is called shear wave ultrasound; the other is called shear wave elastography.

Both of those two procedures accomplish more than simply demonstrating the actual existence of muscle strain. Both of them can also measure produce a measure of the level to which the detected strain has advanced. Then, that same measurement can be used to calculate the appropriate size of the compensation asked by the accident victim.

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