When you are entitled to compensation

Suffering an injury while training in the gym is a frustrating and often painful experience, betraying the expectation of a safe environment dedicated to well-being. When the accident is not caused by one's own inattention, but by defective equipment, slippery floors, or a general lack of maintenance, a legitimate question arises: who is responsible? Understanding your rights and the responsibilities of the sports center manager is the first step to obtaining fair compensation. As an expert lawyer in damage compensation in Milan, attorney Marco Bianucci addresses these situations with the aim of fully protecting those who have suffered an unjust harm.

The responsibility of the gym manager

Italian law establishes a clear principle regarding liability for damages caused by goods or structures: the so-called liability for things in custody, governed by article 2051 of the Civil Code. According to this rule, the manager of a gym is considered the "custodian" of the premises, machines, and all equipment made available to members. This position entails a presumption of liability for any damage that such goods may cause to third parties, unless the manager can prove "fortuitous event".

A fortuitous event represents an unpredictable and unavoidable event, completely extraneous to the custodian's sphere of control, such as an exceptional natural event or an anomalous and unpredictable behavior of the injured person themselves. In the absence of this proof, the burden of demonstrating the cause of the accident and the connection with the suffered damage falls to the injured party, but the manager's liability is presumed. This means that it is not necessary to prove their fault (negligence or imprudence), but it is sufficient to demonstrate that the damage occurred due to an anomalous condition of the structure or equipment.

It is essential to distinguish between an accident caused by an inherent risk of the sports activity, which the user accepts, and damage resulting from an anomaly that unjustifiably increases such risk. For example, muscle fatigue is a foreseeable risk, but a fall due to a wet and unmarked floor or the breakage of a cable on unmaintained machinery constitute the basis for a legitimate claim for compensation.

The Approach of Bianucci Law Firm

Addressing a compensation claim for a gym injury requires a strategic and documented approach. The approach of attorney Marco Bianucci, an expert lawyer in damage compensation in Milan, focuses on a meticulous and personalized analysis of each case, following clear and rigorous steps to maximize the chances of success. The first phase consists of gathering all necessary evidence: medical reports from the emergency room and subsequent visits, testimonies from others present, photographs of the defective equipment or dangerous condition, and any communication with the gym management.

Once the dynamics of the accident have been reconstructed and the manager's liability ascertained, the Bianucci Law Firm proceeds with the quantification of the damage. This includes not only biological damage (the injury to psychophysical integrity, assessed by a forensic doctor), but also pecuniary damage (medical expenses incurred, lost earnings for days of work missed) and moral damage (the inner suffering endured). The objective is always to reach a fair solution through out-of-court negotiation with the gym's insurance company, but the firm is prepared to take legal action if the offer is not commensurate with the damage suffered.

Frequently Asked Questions

Who is responsible for a gym injury?

Responsibility primarily falls on the gym manager as the custodian of the facility and equipment, pursuant to art. 2051 of the Civil Code. The manager can only be exempted if they demonstrate that the accident occurred due to a "fortuitous event," meaning an unpredictable and unavoidable event, which may include exceptionally reckless behavior by the user themselves.

What evidence is needed to claim compensation for a gym injury?

It is essential to collect as much evidence as possible. Among the most important are: medical reports attesting to the physical damage and its connection to the accident, photographs of the location or equipment that caused the damage, any testimonies from other people present at the time of the event, and a copy of the gym membership contract.

How long do I have to claim damages?

The right to compensation for damage arising from an unlawful act, such as a gym injury, generally prescribes in five years from the day the accident occurred. However, it is advisable to act as soon as possible so as not to jeopardize the possibility of gathering effective evidence.

What does compensation for a gym injury cover?

Compensation covers various categories of damage. Non-pecuniary damage includes biological damage (physical and psychological injury) and moral damage (subjective suffering). Pecuniary damage, on the other hand, includes emergent damage (all medical, rehabilitative, and pharmaceutical expenses incurred) and loss of profit (lost earnings due to inability to work).

Request an Evaluation of Your Case in Milan

If you have suffered an injury inside a gym or sports center and believe it was not your fault, it is essential to protect your rights. Relying on a competent professional is the first step to obtaining proper recognition for the damage suffered. Attorney Marco Bianucci, with consolidated experience in the sector, offers targeted advice to analyze your specific situation. Contact the Bianucci Law Firm in Milan for a preliminary evaluation of your case and to understand what actions to take.