Liability and body corporate gym equipment

[Updated: 16 October 2025]

There are additional risks to consider where a body corporate has its own internal gym equipment, particularly when weights are involved. What happens if someone is injured while using the equipment and decides to sue the body corporate? Was the equipment safe? Properly maintained? Correctly set up?

Property owners’ liability

Property owners’ liability cover typically protects the body corporate against liability claims for damage or injury that occurs in connection with the buildings or property.

However, many sectional title insurance policies include public liability or property owners’ liability sections that refer only to the buildings. In some cases, the definition of common property can be even narrower, which could leave gaps in cover.

Most policies we arrange either already include this cover or are endorsed to extend the liability to the use of gym equipment. Caution is still needed, even where cover is noted, it can be restricted. For example, it may exclude liability towards third parties. In higher-risk situations, it can be prudent for the broker to arrange a more comprehensive liability policy.

Disclaimer boards

It’s also critical to display disclaimer notice boards and gym rules prominently. These disclaimers should align with the scheme’s registered rules to ensure consistency and enforceability.

If owners or tenants bring their own paid gym instructors, further complications could arise, especially in respect of liability and occupational health and safety considerations.

Consults with a specialist

Given the elevated level of risk, we strongly recommend that the scheme consult with a specialist liability legal expert to analyse the situation, review the rules and disclaimers, and provide practical, legally sound recommendations.

Adv. Louis Nel is a well-known legal expert who specialises in liability risk, disclaimers, and related matters. His contact details appear below.