Fitness Instructor Compensated for Step Class Injury
14 March 2016
A personal injury compensation claim award was agreed after a fitness instructor suffered a fractured foot when she fell from a defective exercise box.
Slater and Gordon Solicitor: Shelley Barker is a Litigation Executive at Slater and Gordon Lawyers in Sheffield.
Settlement Value: Confidential
What Happened: Our client was hosting a step aerobics class in her role as a fitness instructor when she fell from an exercise box and fractured her foot.
The rubber grips at the base of the exercise box were worn. This meant that there was nothing to prevent the box from sliding around on the laminated floor of the fitness studio.
How Slater and Gordon Helped: Liability in this case was initially denied. The defendants alleged that before using the exercise box our client failed to first check and confirm it was safe to use. They also alleged that our client failed to check that the laminated studio floor was free from water or sweat.
Our client advised us that each exercise box was in the same condition. We were able to obtain photographic evidence to show that this was indeed the case.
The incident took place midway through the class and therefore it was not possible for our client to check the floor at the time, in accordance with the defendant’s allegations.
Witness statements were obtained from members of the gym taking part in the class to support our client’s version of events and these, together with a strong rebuttal to the denial of liability, resulted in the defendants finally accepting liability.
Decision: Medical evidence was obtained and following negotiations, our client received an award for her injuries, together with an amount to cover her loss of earnings which were significant as she also worked as a personal trainer.
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