Gym liability: who is responsible?

Questioner

Two weeks ago, while exercising, I damaged the floor of the gym where I am a member. The damage consists of a hole and a dent in the floor. The gym in question was recently closed for a few weeks to have a completely new floor laid. The accident occurred when two weights fell from a barbell after training, I forgot to attach the safety clamps. In the old situation, with the old floor, weights also regularly fell on the floor with me and other recreational users with a similar and even harder impact. The operational manager of the gym now holds me liable for repairing the damage to the floor, and states; 'the liability is based on the improper use of the Olympic bar where the weights were not secured.' Because the floor in the old situation did not show this kind of behavior and the person present who was responsible for the damage, to whom I reported the damage, stated that a gym floor should be able to withstand this, I am of the opinion that the gym itself is responsible for installing a proper floor. Added to this is the fact that I was never given any instruction on the correct use of the barbell, and the safety devices are not required in the gym. Also, the terms and conditions that I requested later do not mention anything about damage to the sports equipment. I wonder what the best course of action is. Thank you in advance.

Lawyer

If it has been established that the conditions do not show any liability and that you are not responsible for this yourself, I advise you to inform the gym in writing that you cannot be held liable for the reasons stated. The gym will then have to prove that you are liable. If you have not received any instructions, this will be more difficult for them. If you cannot (yet) reach an agreement, I will look into your case.