Can Fitness Centers Be Sued for Failing to Protect Members from Sexual Assault?

Being sexually assaulted at a gym or fitness center that you previously felt safe at can be incredibly traumatic. In addition to the personal trainer or other gym member who assaulted you, might you also have reason to sue the fitness center itself?

Fitness centers can be sued for failing to protect members from sexual assault due to negligent hiring practices, negligent security, retaining staff or personal trainers after reports of sexual assault, and the legal doctrine of respondeat superior that applies to employer-employee relationships. Fitness centers can be sued for all incurred damages due to a sexual assault, as well as even punitive damages for gross negligence, depending on the state.

You can get a free case evaluation from The Law Office of Andrew Shubin by calling our sexual assault victim lawyers today at (814) 826-3586.

Why Can Fitness Centers Be Sued for Failing to Protect Members from Sexual Assault?

Fitness centers can be held liable for failing to protect members from sexual assaults for several reasons, and our lawyers can see which best applies to your case.

Negligent Hiring Practices

During the hiring process, fitness centers should perform a thorough background check on applicants. Failing to conduct these background checks violates the duty of care a fitness center owes its members. Hiring a personal trainer with a known history of sexual assault can also create liability for gyms and fitness centers.

Negligent Security

Part of a fitness center’s duty of care to its members includes maintaining adequate security. Members should be prompted to confirm their membership upon entry so that non-members who could potentially pose a threat to members can enter. If inadequate security enabled your sexual assault, the fitness center or gym where the assault occurred could be liable.

Failure to Respond to Report of Assault

Fitness centers that receive reports or complaints about certain members or staff and fail to address them could be liable for subsequent sexual assaults. Addressing and investigating complaints and reports of sexual assault are part of the duty of care fitness centers owe their members. Ignoring reports, retaining a staff member, or failing to ban a gym member can create liability.

Respondeat Superior

The legal doctrine respondeat superior holds employers liable for employees’ negligent or intentional misconduct while working. Because of this, if a personal trainer assaults a victim during a physical training session, the fitness center that they work for could be held liable for all resulting damages, even if the fitness center was not directly liable because of negligent hiring practices.

What Damages May Fitness Centers Have to Pay for Failing to Protect Members from Sexual Assault?

When fitness centers are held liable for sexual assault, they may have to pay economic, non-economic, and potentially even punitive damages.

Economic Damages

Fitness centers that fail to uphold their duty of care and bear liability for the sexual assaults of members may end up covering all economic damages associated with an assault. Emergency medical treatments, therapy costs, prescription medications, treatment for injuries, and lost wages are all compensable economic damages.

Many economic damages can accompany sexual assaults, and our sexual assault victim lawyers can seek compensation for any concrete expenses we can trace back to the assault.

Non-Economic Damages

You can also sue a fitness center that is liable for your recent sexual assault for all non-economic damages. Pain and suffering from sexual assaults can be overwhelming and life-long, entitling victims to substantial compensation from the negligent fitness centers and gyms that failed to protect them from staff members, other gym members, or non-members who gained access because of negligent security.

Punitive Damages

Fitness centers whose gross negligence or intentional misconduct enables a sexual assault to take place might also have to pay additional punitive damages. This depends on the state where the assault took place and its rules for punitive damages. Conduct that may lead to punitive damages includes knowingly hiring a staff member with a history of sexual assault or abuse, intentionally ignoring reports of an assault, or keeping a staff member on staff after they are reported for sexual assault.

FAQs About Suing Fitness Centers and Gyms for Failing to Protect Members from Sexual Assault

How Many Years Do You Have to Sue a Fitness Center for Failing to Protect You from Sexual Assault?

How many years you have to sue a fitness center for failing to protect you from a sexual assault depends on the state where the assault occurred. In many states, the personal injury statute of limitations applies to sexual assault lawsuits involving adult victims.

What Evidence Can Help You Sue a Fitness Center for Failing to Protect You from Sexual Assault?

Our lawyers may use the following evidence in your case when you sue a fitness center for failing to protect you from sexual assault:

• Surveillance footage of the assault
• Surveillance footage of negligent security
• Internal hiring records
• Written reports
• Medical records
• Witness testimony

Can You Accept a Settlement if You Sue a Fitness Center for Failing to Protect You from Sexual Assault?

There is no shame in accepting a settlement in a sexual assault lawsuit of any kind, especially if it helps mitigate re-traumatization that often comes with a trial and provides the compensation you were seeking. You should never feel pressured to settle, and should pursue a trial if you wish.

Why Do Victims Need Lawyers to Sue Fitness Centers for Failing to Protect Them from Sexual Assault?

Sexual assault lawsuits can be very re-traumatizing for victims, and our trauma-informed sexual abuse lawyers can provide the support and experience you need to get through litigation without experiencing significant re-traumatization.

Get Compensation for a Sexual Assault with Our Lawyers’ Help

Call The Law Office of Andrew Shubin’s sexual assault victim lawyers at (814) 826-3586 to get a free case analysis.