Q. I recently booked some one on one training sessions with a personal trainer at my local gym. The sessions were difficult and quite agonising but the trainer forced me to carry on, telling me ‘no pain, no gain’. I am now unable to weight bear onto my knee which has become extremely painful. If my trainer has caused me this injury what should I do?
A: It is common for us to experience pain after a workout but it is unusual to experience pain extending beyond the usual gym aches and complaints. However, not all aches and pains are someone else’s fault or are serious enough to consider a claim for. You will know whether what you are feeling is a normal side effect of a workout, or if you have suffered an injury which is much worse or likely to cause lasting damage.
You may be put off making a complaint due to the fact that workouts often lead to pain. However, if you have been trained by a Personal Trainer they will owe a duty of care towards you and if you have suffered an injury which is as a result of their negligence, you may be entitled to compensation.
Negligence can be shown by assessing whether or not the trainer’s conduct fell below the standard of that of a reasonably competent instructor. The gym may have asked you to sign a disclaimer, or may exhibit signs to note they are not liable for any injury or death caused to its members – but such a statement is unenforceable if any injury or death has occurred because of their negligence.
If you have any doubts, you should talk to an experienced firm of solicitors who may be able to fund your case on a No Win, No Fee basis.
(Published 18/09/2017)
Claire Parfitt
Senior Solicitor
Part of our Civil Litigation, Personal Injury and Dispute Resolution team in Oswestry and Wrexham