Plaintiff equally responsible for accident at fitness club.

October 07, 2012, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

Plaintiff brought claim against fitness club.  The Plaintiff was using a vertical leg press machine when his right foot slipped off the platform that controlled the movement of weights.   The weights came crashing down crushed the tip of his right pinky  finger.  The Plaintiff was a regular at the fitness club and had been using the machine without incident prior to the accident.  The Plaintiff testified that his foot slipped due to water on the floor near a water fountain that he had stepped in just prior to using the machine.  The Defendants countered that they had a reasonable system in place to ensure that water spills were cleaned up in a timely fashion.

The court found that while the fitness club had a reasonable system in place, they could not show that the maintenance system had actually been implemented and was in active and proper use on the day of the accident.  The court felt that water in the Plaintiff’s soles was the most reasonable explanation for the accident.  The court also found the Plaintiff to be partially responsible for the accident.  The Plaintiff could have used a towel to dry his shoes or do a physical check of his soles rather than a visual check.  By failing to take these steps the Plaintiff was found to be equally liable and apportioned liability 50/50 between the Plaintiff and Defendant.

Posted under Personal Injury, Fractures

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