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General information only — not legal advice. Published by Edward & Amaury Solicitors, solicitors regulated by the SRA (no. 800525). How that affects what you read.

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Hotel, Gym and Leisure Accident Claims

England & WalesLast reviewed 18 September 2026

Hotels, gyms and leisure venues must keep premises reasonably safe and perform services with reasonable care and skill. A waiver or warning notice cannot exclude liability for personal injury caused by their negligence.

Two Sources of Duty

Direct Answer: A venue owes you a duty as occupier to keep the premises reasonably safe, and a duty under the Consumer Rights Act to perform any service, such as instruction or a class, with reasonable care and skill.

This means a claim can be about the state of the premises, such as a wet pool surround, a broken treadmill or an unsafe balcony, or about how the service was delivered, such as an instructor who set up a dangerous exercise or failed to supervise properly.

Waivers and Warning Signs

Many venues ask you to sign a waiver or display warnings. Under section 65 of the Consumer Rights Act 2015, a trader cannot exclude or restrict liability for death or personal injury resulting from negligence by a term in a consumer contract or a notice, so a waiver does not defeat a negligence claim. Warnings and your signed acknowledgement can still be relevant evidence of which risks you knew about and accepted.

What Is Not Claimable

An injury that arose from the ordinary physical demands of an activity you chose, without any fault by the venue, is not negligence. The claim needs a failure: faulty or unmaintained equipment, unsafe instruction, inadequate supervision or a hazard that should have been dealt with.

Frequently Asked Questions

Can I claim if I was injured in a hotel?

Yes, if the injury was caused by the hotel's failure to take reasonable care, for example a broken step, a wet floor without warning or defective fittings in your room. The hotel is the occupier and owes a duty to its guests.

Does signing a gym waiver stop me claiming?

No, not for injury caused by negligence. A business cannot use a term or notice in a consumer contract to exclude liability for personal injury caused by its negligence.

What if a personal trainer caused my injury?

A trainer must perform the service with reasonable care and skill. Setting an unsuitable exercise, ignoring an injury you reported or not spotting a heavy lift properly can be a breach.

What if the equipment was faulty?

Failure to maintain, inspect or remove faulty equipment can be a breach of the occupier's duty. Keep photos and note the machine and its condition.

Does it apply to hotels abroad?

Claims for accidents abroad are different. If you booked a package holiday, the UK organiser may be liable under the package travel regulations. See our guide on accidents abroad.

How long do I have to bring a hotel or gym accident claim?

Generally three years from the date of the accident or, for an illness that develops later, from your date of knowledge. Different rules apply to children, who usually have until three years after their 18th birthday, and to people who lack capacity. Evidence disappears quickly, so do not wait until the deadline.

Can I bring a public liability claim on a no win no fee basis?

Usually, yes. A Conditional Fee Agreement means you pay no solicitor fees if the claim fails, and QOCS normally protects you from the other side's costs. If it succeeds, a success fee capped at 25% of general damages and past losses is deducted from your damages. Ask about disbursements such as medical reports before you sign.

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Where this applies: This page covers England and Wales. The rules in Scotland and Northern Ireland are different.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 18 September 2026.

  1. Courts and Legal Services Act 1990, s.58 (conditional fee agreements)

    The provision that makes CFAs lawful and enforceable. CFAs derive from this section, not from LASPO.

  2. Conditional Fee Agreements Order 2013, arts. 4–5 · in force from 1 April 2013

    Art. 4 caps the success fee at 100% of base costs. Art. 5 caps what may be taken from damages in personal injury at 25% of PSLA plus past pecuniary loss, net of CRU, at first instance.

  3. Civil Procedure Rules, Part 44 (incl. rr.44.13–44.17, QOCS)

    Qualified one-way costs shifting and its exceptions. Rule 44.14 was amended with effect from 6 April 2023.

  4. Limitation Act 1980, s.11 (personal injury actions)

    Three years from the date of the accident or the date of knowledge. Property damage such as a damaged vehicle is a separate claim with a longer six-year period under s.2.

  5. Limitation Act 1980, s.14 (date of knowledge)

    The three-year period can run from the 'date of knowledge': when you first knew the injury was significant and attributable to the act or omission alleged to be negligent. Central in delayed-diagnosis cases.

  6. Occupiers' Liability Act 1957

    The 'common duty of care' an occupier owes to lawful visitors — the basis of most slip, trip, shop and public-place accident claims.

  7. Consumer Rights Act 2015, s.49 (service to be performed with reasonable care and skill)

    In a consumer contract for services, the trader must perform the service with reasonable care and skill — relevant to gyms, hotels, salons and activity providers.

  8. Consumer Rights Act 2015, s.65 (no exclusion of liability for negligence causing death or personal injury)

    A trader cannot exclude or restrict liability for death or personal injury caused by negligence through a term in a consumer contract or a notice, so a waiver or 'enter at your own risk' sign does not defeat such a claim.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
Checked for England & Wales by Edward & Amaury Solicitors — Solicitors regulated by the SRA (no. 800525) (verify on the regulator’s register).Review is recorded against the firm. The individual reviewer is not named on this page.
Review dates
Last reviewed 18 September 2026. Next review due 18 March 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.

Think you have a claim? Find out for free.

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Where this applies: This page covers England and Wales. The rules in Scotland and Northern Ireland are different.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 2 August 2026.

  1. Courts and Legal Services Act 1990, s.58 (conditional fee agreements)

    The provision that makes CFAs lawful and enforceable. CFAs derive from this section, not from LASPO.

  2. Conditional Fee Agreements Order 2013, arts. 4–5 · in force from 1 April 2013

    Art. 4 caps the success fee at 100% of base costs. Art. 5 caps what may be taken from damages in personal injury at 25% of PSLA plus past pecuniary loss, net of CRU, at first instance.

  3. Legal Aid, Sentencing and Punishment of Offenders Act 2012, ss.44–46 · in force from 1 April 2013

    Ended recoverability of success fees and ATE premiums from the losing party. Did not create or regulate CFAs.

  4. Civil Procedure Rules, Part 44 (incl. rr.44.13–44.17, QOCS)

    Qualified one-way costs shifting and its exceptions. Rule 44.14 was amended with effect from 6 April 2023.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
Review dates
Last reviewed 2 August 2026. Next review due 2 February 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.