Skip to content
Board Certified in Personal Injury Trial Law - Texas Board of Legal Specialization
 214-200-4878
The Law Firm Of Aaron A. Herbert, P.C. Logo
24/7 Free Consultation

No Fees or Expenses Unless You Recover
214-200-4878
  • About
    • Attorneys
      • Aaron A Herbert
      • Marissa Maggio
      • Jordan Terashima
    • Testimonials
    • Results
  • Areas We Serve
    • Dallas County
      • Carrollton
      • Cedar Hill
      • Dallas
        • Apartment Injuries
        • Bicycle Accidents
        • Birth Injuries
        • Brain Injuries
        • Dog Bites
      • Garland
        • Boat Accidents
        • Car Accidents
        • DUI Accidents
        • Dog Bites
        • Slip & Fall Accidents
      • Highland Park
      • Irving
        • Bicycle Accidents
        • Car Accidents
        • Construction Site Accidents
        • Truck Accidents
        • Uber & Lyft Rideshare Accidents
      • Mesquite
        • Burn Injuries
        • Car Accidents
        • Dog Bites
        • Pedestrian Accidents
        • Truck Accidents
      • Richardson
        • Brain Injuries
        • Car Accidents
        • Daycare Abuse & Injuries
        • Drunk Driving Accidents
        • Spinal Cord Injuries
    • Tarrant County
      • Fort Worth
        • Personal Injury
        • Car Accident
        • Semi Truck Accident
        • Slip and Fall
        • Construction Accidents
        • Motorcycle Accident
        • View All +
      • Arlington
      • Colleyville
      • Mansfield
      • North Richland Hills
      • Richland Hills
      • Southlake
    • Collin County
      • Allen
        • Bicycle Accidents
        • Car Accidents
        • Child Injuries
        • Fatal Accidents
      • Frisco
        • Car Accidents
        • Dog Bites
        • Motorcycle Accidents
        • Truck Accidents
        • Uninsured & Underinsured Driver Accidents
      • McKinney
        • Car Accidents
        • Distracted Driving Accidents
        • DUI Accidents
        • Fatal Accidents
      • Murphy
      • Plano
        • Brain Injuries
        • Car Accidents
        • Crash Accident Reports
        • Motorcycle Accidents
        • Negligent Security
        • Texting & Driving Accidents
        • Truck Accidents
        • Wrongful Death
      • Wylie
      • Prosper
    • Comal County
      • New Braunfels
    • Denton County
      • Denton
        • Bicycle Accidents
        • Brain Injuries
        • Distracted Driving Accidents
        • Uber & Lyft Rideshare Accidents
      • Flower Mound
      • Hickory Creek
      • Providence Village
      • Roanoke
    • Parker County
      • Parker
      • Reno
    • Grand Prairie
      • Bicycle Accidents
      • Car Accidents
      • Slip & Fall Accidents
      • Truck Accidents
    • Houston
      • Personal Injury
      • Houston Car Accident Lawyer
    • San Antonio
      • Personal Injury
      • Slip and Fall
      • Truck Accidents
      • Wrongful Death
      • Workplace Injuries
      • Premises Liability
      • Traumatic Brain Injury
  • Practice Areas
    • Personal Injury
    • Car Accidents
    • Truck Accidents
    • Motorcycle Accidents
    • Bicycle Accidents
    • Pedestrian Accidents
    • Slip and Fall
    • Brain Injury
    • Dog Bites
    • Wrongful Death
    • View All +
  • Blog
  • Contact
Home / Personal Injury Blog

Can You File a Claim If Injured While Rock Climbing

Rock climbing can be a fun and safe pastime, if you practice it correctly. Gyms all over the country have caught onto the trend, and now rock-climbing walls are ubiquitous. These gyms provide a fun way to get some physical…

November 20, 2017
Aaron A. Herbert

Written by Aaron A. HerbertTexas Bar #24036761 · Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization since 2008.
The Law Firm of Aaron A. Herbert, P.C. · Dallas, Texas

Dallas Personal Injury Lawyer – The Law Firm Of Aaron A. Herbert  >  Personal Injury Blog  >  Can You File a Claim If Injured While Rock Climbing

Monday, November 20, 2017 | By The Law Firm Of Aaron A. Herbert, P.C.
Can You File a Claim If Injured While Rock Climbing

Rock climbing can be a fun and safe pastime, if you practice it correctly. Gyms all over the country have caught onto the trend, and now rock-climbing walls are ubiquitous. These gyms provide a fun way to get some physical activity, but they can also be dangerous. What happens when you’re injured while using a climbing wall? Can you legally sue the gym where it happened? Learn about liability as it pertains to rock climbing.

Premises Liability Concerns

One of the biggest theories pertaining to rock-climbing injuries is that of premises liability. This is a very complex area of the law, but it basically asserts that anyone who owns a property must be reasonably careful in its upkeep and make it safe for visitors. If a property owner knew or should have known that a dangerous condition existed but didn’t fix it, you may have legal grounds for a claim.

Rock walls require regular maintenance. If owners don’t regularly check steps, ropes, or other equipment and it falls into disrepair, causing injury, you may be able to file a lawsuit on the grounds of premises liability.

Product Liability Concerns

On the other hand, sometimes the fault is not with the property owner, but the manufacturer of the equipment. If a defective piece of safety gear (or the wall itself) leads to your injury, it becomes a matter of product liability law. Manufacturers can commit negligence if they distribute products that have an inherent flaw in design, or even a defective batch. Retailers may even be responsible if they sell an unsafe product – for example, a safety harness that has been subject to recall.

What about Waivers of Liability?

Rock climbing accidents may be unique in that many gyms have participants sign a “waiver of responsibility.” This serves as protection for the gym, which says that you can’t sue for damages after signing. However, you may still be able to pursue damages, even if you signed a waiver. The courts may deem a waiver unenforceable; it depends on the exact nature of your case.

Damages in a Rock Climbing Accident Claim

If you recently incurred injury at a rock climbing gym and it arose from someone else’s negligence, you may be able to gain two types of compensation. These include:

  • Economic damages. These compensate for material aspects of an accident, which includes medical bills, ongoing rehabilitation costs, and the cost of missing work (lost wages).
  • General damages. These damages help address the intangible losses associated with your experience, such as pain and suffering. It may also address emotional distress or loss in life quality.

Rock climbing can be a fun way to pass the time, but it’s not without its dangers. Participants should know their legal options in the event of an accident or injury. Even if you signed a liability waiver, you may still have legal grounds for a claim. If you think you have a case for negligence based on what you’ve read here, the best thing you can do is contact an attorney for a free initial consultation.

Tell Us About Your Case

Aaron Herbert

Our Practice Areas

Personal injury representation.
Explore how we can help.

  • Car Accidents
  • Wrongful Death
  • Motorcycle Accidents
  • Truck Accidents
  • Work Injury
  • Bicycle Accidents
  • Slip & Falls
  • Traumatic Brain Injury
Here when you need answers.

Learn about your options after an injury.

Locations
  • Dallas
  • Fort Worth
Testimonials
I am satisfied
I am satisfied. My experience was good, the staff was good and I appreciate you all working on my case.

F.M.


I understood the entire process and best course of action
Attorney Aaron Herbert and his staff were very patient during the whole process and able to deal with healthcare providers. In addition they went out of their way to make sure I understood the entire process and best course of...
Read More
Attorney Aaron Herbert and his staff were very patient during the whole process and able to deal with healthcare providers. In addition they went out of their way to make sure I understood the entire process and best course of action.

L.F.


I will refer Aaron’s law firm to all the people I know
VERY satisfied with what Aaron’s law firm has done for me and my family. I will refer Aaron’s law firm to all the people I know personally and professionally.

A.A.


I just want to give a big thanks to this law firm
I was very satisfied with the law firm staff. They were very nice & respectful. They kept in contact with me about my case and fought hard for my case. My overall experience with this firm has been wonderful. They...
Read More
I was very satisfied with the law firm staff. They were very nice & respectful. They kept in contact with me about my case and fought hard for my case. My overall experience with this firm has been wonderful. They got me an amount greater than I expected. I just want to give a big thanks to this law firm , once again guys thank you so much!

M.C.


We are very pleased with our payout
Our experience was very good. The staff was very helpful and informative with any questions and walked us through the entire process. We are very pleased with our payout.

D.B.


Happy with my settlement
Happy with my settlement!

A.P.


He has a lifetime referral from me
Mr. Herbert is a lawyer with outstanding skills in being a trustworthy lawyer and as a person. I have very good confidence in any future situations with life and he will be the first person I call. He handled 2...
Read More
Mr. Herbert is a lawyer with outstanding skills in being a trustworthy lawyer and as a person. I have very good confidence in any future situations with life and he will be the first person I call. He handled 2 cases for me back to back and everything went smoothly as planned. He will fight for you and put in countless hours. He has a lifetime referral from me.

C.N.


The law firm staff and attorneys were very nice
The law firm staff and attorneys were very nice, helpful, understanding and very concerned about my case and any questions I had. I will tell family and friends that this law firm gets results!

R.H.


Great experience with this firm, very prompt service
Great experience with this firm, very prompt service.

K.M.


I highly recommend this law firm
Second time having Attorney Herbert represent me in an auto accident. I am very satisfied with his service and the firm staff was extremely professional. I highly recommend this law firm.

C.S.


   
                               
The Law Firm Of Aaron A. Herbert, P.C. Logo
214-200-4878FREE CONSULTATION

Dallas Office

8330 Lyndon B Johnson Fwy #700,
Dallas, Texas 75243
(214) 200-4878

Fort Worth Office

4200 South Fwy #412,
Fort Worth, Texas 76115
(817) 500-4878

Complete the form below for a
Free Consultation

"*" indicates required fields

By providing your mobile number, you agree to receive text messages from The Law Firm of Aaron A. Herbert, PC. related to your legal inquiry, case updates, appointments, and other client communications. Message and data rates may apply. Message frequency varies. Reply STOP to unsubscribe or HELP for assistance. Consent to receive texts is not a condition of hiring the firm or receiving legal services. View our SMS Terms & Conditions and Privacy Policy for more information.

This field is for validation purposes and should be left unchanged.

Aaron Herbert legal resources

Knowledge Hubs

Explore our guides to Texas injury claims and the questions that matter to your case.

  • Store injuries

    Texas Walmart Injury Knowledge Hub

    Explore evidence, liability, damages and litigation for Walmart injury claims in Texas.Explore the hub →
  • Choosing counsel

    TBLS Certified Personal Injury Knowledge Hub

    Understand Board Certification in Personal Injury Trial Law and the questions to ask when choosing counsel.Explore the hub →
  • Truck accident evidence

    Texas Truck Accident Litigation

    Find guidance on truck inspections, electronic records, responsible companies and Texas trial rules.Explore the hub →
  • Damages and settlement

    Texas Injury Claim Value and Litigation

    Learn how evidence, responsibility, medical losses and insurance affect an injury claim.Explore the hub →

Practice Areas|About Us|Client Testimonials|Blog|Contact
© The Law Firm Of Aaron A. Herbert, P.C. All rights reserved. Privacy Policy|Sitemap