Consumer News

Customer will receive compensation for accident during workout in gym

07/01/2016

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Source: TJSC

The 1st Civil Chamber of TJ set at R$ 7000 compensation for moral damages due for a fitness Capital to a consumer who suffered an accident while exercising. According to the file, the exercise machine fell on the client's body, who suffered a serious knee injury and needed surgery and physical therapy and hydrotherapy to recover.

The author said that no instructor establishment accompanied his exercise and was rescued by colleagues who also frequented the establishment. On appeal, the defendant company argued that, although the author practice activities 10 years ago, the accident occurred at its sole fault, since did not meet the physical conditions to train at that time.

The camera, however, understood that the academy was contradictory to attribute the cause of the accident to inadequate physical condition of the author, while confirming that the student is adept activity for years. For Judge Jacob Raulino Brüning, rapporteur of the matter, was proven deficiency in the service provided by the academy due to the low number of officials and consequent failure in monitoring the students.

"So not proved the correct appliance installation, nor suffice the academy's staff to give necessary support to students during training. Facts these that demonstrate the defendant's failure to provide a safe service to consumers, to monitor and assist the sports practice, avoiding risky situations, "he said. The camera promoted small adjustment in the amount of indemnity initially arbitrated at R$ 10,000. The decision was unanimous (Appeal n. 0002132-23.2009.8.24.0082).

Photo: Press Release / Unsplash

Source: TJSC

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