Cybex International Inc., a fitness equipment manufacturer, has agreed to pay a $7.95 million civil penalty in a settlement related to their arm curl and smith press machines, according to the U.S. Consumer Product Safety Commission.
Cybex is being charged after failing to report that both their arm curl and smith press machines were defective. These equipment defects can cause the arm curl handles to detach under extreme weight and the smith press machine bar supports to fail. Defects as such are required by law to be reported to the CPSC as they can cause serious injury. The machines which failed had multiple reports of serious injuries including one report of permanent vision loss.
In 2015, Cybex recalled the arm curl machine and would later recall the smith press machine in 2018. In addition to Cybex paying the $7.95 million civil penalty, they have also agreed to maintain a new and enhanced program to ensure future compliance with the Consumer Product Safety Act.
Can I Sue My Gym if I Was Injured While Exercising?
While there is always an inherent risk of injury when exercising at a gym or under the supervision of a personal trainer, your gym injury may have been caused by the negligence of the fitness facility owner, operator, or staff. If you believe your Florida gym injury was the result of facility negligence, you may be entitled to compensation. If you were injured at a gym in Florida, contact an experienced personal injury lawyer immediately to review your case.
Examples of fitness liability claims due to negligence may include:
- Faulty or poorly maintained equipment. This may include frayed cables or cords, broken treadmill parts, or any other hazardous equipment that has not been replaced immediately.
- Incorrect setup of equipment. Weights or barbells that are not put together correctly and poor placement of equipment such as staging equipment too close together making safe movement impossible could qualify as negligence.
- No AED (automatic external defibrillator) equipment on site. Not having an AED on-site when someone suffers a heart attack could be grounds for a lawsuit.
- Unsafe premises. Poorly maintained flooring that results in a slip and fall situation, shoddy electrical work, poorly placed furniture or supplies, and other examples of hazardous conditions could justify a personal injury claim.
- Personal trainer negligence. While there is no licensing agency for personal trainers to date, all certified and non-certified trainers are held to a reasonable standard of care. If you are injured as a direct result of your trainer’s instruction, you may have a claim.
What Should I Do After a Gym Injury in Florida?
If you've been injured at the gym in Florida, you should seek medical attention immediately for your own health. Getting checked out by a physician ensures you have the proper medical documentation needed for your health insurance and legal claim. Here is a list of five common mistakes Florida personal injury clients can make.
If you believe your gym injury was the direct result of the fitness facility's negligence, contact us immediately or call us at 561-671-5995 so our experienced Florida personal injury lawyer can review your case. You can also download my free guide, 'What the Heck Is My Personal Injury Case Worth?', which answers many common personal injury questions such as:
- What are economic damages?
- What factors do the courts consider when determining the value of your case?
- What outside factors play a part in your case?
- What factors will diminish the value of your case?
- How can other firms get away with those billboards?
- How can you find a reliable, trustworthy attorney for your personal injury claim?