Running into Trouble

It was in September, 2017, when R.F. fell off a treadmill in a gymnasium in Granada, which led to a failed law suit.

GRA Gymnasium Treadmill 400x250The belt was in motion because somebody had just got down from it and she hadn’t noticed this when she stepped onto it and lost her balance and fell to the ground, hurting her leg.

Her injuries were a bruised shin, pain in her crutch and left foot. Consequently, motu proprio (through her own choice) she decided to go to a physiotherapist. Neither was it on a doctor’s recommendation that she did so. The treatment cost her 260 euros so she decided to sue the gym’s insurance company for this amount plus compensation.

However, it didn’t get anywhere as it was thrown out by the Juzgado de Primera Instancia 18 in Granada, which considered that the accident was entirely her own fault. Then she lodged an appeal and lost that, as well, on the 25th of this April, as the judge considered that the accident was not the result of negligence on the part of the gymnasium.

Her lawyer had argued that the gym user who had just stepped off did not activate the automatic stop button, which led to her, by mistake, getting onto the machine, thinking that it was not in motion, whereas it continued to run for another five seconds.

Furthermore, the bill from the physiotherapist included treatment, in the majority of cases, for ailments that had nothing to do with the accident in the gym.

(News: City & Metropolitan Area, Granada, Andalucia)

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