Award upheld for gym accident victim

The court of Appeal upheld an award of £12,000 for a woman who had the tip of her finger sliced off whilst ‘spotting’ for a friend who was using a weight lifting machine.

This award was given even though the claimant was aware of the warning notices on the machine.

“The Recorder finally concluded that the steps that had been taken had not been sufficient to alert a reasonable user of the gym to allow themselves to keep themselves reasonably safe given the severity of the injury in question. Consequently, he found that the defendant had been negligent, but, on the basis that the claimant had been aware of the danger of moving parts and had nevertheless put her hands near them and that she would not have accepted any training if offered, he found that the claimant had been contributorily negligent to the extent of 25%. He awarded her damages in the sum of £12,000. “

So even when warnings are posted it may still be reasonable to consider claiming compensation and it is certainly always worth seeking legal advice from an expert who will be conversant with cases such as this and so will be able to make a realistic assessment and advise you accordingly.