Solution: Fitness centres

• Incorrect installation with regard to stability and to other equipment with mutual hazards
• Use of inadequate spare parts
• “Hidden” damage due to material fatigue

The liability of the operator can be a triple one, namely

1. a civil liability
2. a criminal liability
3. an administrative liability

Breach of the duty to ensure road safety

The most common basis for liability under civil law for any claims for damages arising from accidents is the violation of the so-called duty of care. The assumption of responsibility for a debt owed to others is called liability. The legal basis is either contractual liability or the general duty of care.

Protection and warning of the road user

Due to this duty to ensure traffic safety, anyone who opens a traffic must protect or at least warn the road users within the bounds of what is reasonable. Anyone who runs a fitness centre opens a traffic in the aforementioned sense and is therefore responsible for safety.

The fitness equipment must comply with current standards and any legal requirements and must also be maintained accordingly so that it is functional and not dangerous.

The fitness equipment constitutes works performed by humans within the meaning of § 1319 ABGB.

§ Section 1319 of the Austrian Civil Code (ABGB) is a special, regulated element of the generally recognised duty of care. It reads:

“If anyone is injured or any other damage is caused by the collapse or detachment of parts of a building or other work listed on land, the owner of the building or work is liable to pay compensation if the event is the result of a defective condition of the work and he does not prove that he exercised all due care to avert the danger.”

Besides that

• The authorities repeatedly demand that fitness equipment be subjected to periodic inspections. Look in your trade law folder.
• The manufacturer of the fitness equipment sets requirements with regard to maintenance and testing that must be complied with for safe operation.

We would be very happy to carry out the inspection of your fitness equipment for you and are at your disposal for any queries. TÜV AUSTRIA carries out these inspections throughout Austria and at amazingly favourable conditions.

TÜV AUSTRIA draws on the wealth of experience of an accredited test monitoring body that has been active for many years. Our inspection and the resulting written test report not only help users but also those responsible for the fitness centre to achieve a significantly higher level of safety.

• the sufficient stability
• the strength of components
• the sufficient avoidance of crushing and shearing points
• the appropriate design of wear parts
• the correct supervision and application of the exercises

Exercise instructions and information on proper use on the equipment is strongly recommended, warning labels must be attached to the equipment.

• Inspection before commissioning and at the required intervals as well as ongoing maintenance

The operators of fitness studios must check the sports equipment at regular intervals.

Compensation for pain and suffering for fitness athletes

For example, a court awarded compensation for pain and suffering to a fitness athlete who had been seriously injured by a defective piece of equipment in a gym.

The man had been hit in the head by a metal bar when a steel cable broke on the sports equipment.

With sufficient inspection, it would have been obvious that the rope was defective, the judges ruled.

The operator of the studio was obliged to check the equipment professionally at short intervals, according to the ruling.

If he neglects the necessary controls, he is liable for damages. The judgement is final.

We would be very pleased to carry out the inspection of your fitness equipment for you and are at your disposal for any queries.