A friend received a really nasty gash on his leg requiring significant stitches etc as a result of a slip jumping on a wooden box while following the instructions given during a fitness class. This is a plyometric multi discipline training (a well known brand). I think he may have a personal injury claim despite volenti non fit injuria. My reasoning is as follows:
The training brand has a rugged image to differentiate form other brands (think tyres, ropes and chains rather than weights)
- The box supplied for jumping on was a simple chip board cube with hard sharp edges and no rubber grip or padding. This contributed significantly to the extent of the injury. A rounded edge would not have caused such extensive injury.
- the gym did not provide adequate first aid and didn't have a properly stocked first aid box with basic kit or staff with appropriate knowledge to know that hand towels from the loo shouldn't be put on a deep cut with the bone exposed.
i was thinking this would be small claim fast track and wondered if there were any similar decided cases that are worth researching?
I think we have proximity, duty of care, foreseeable risk of injury and no adequate effort to prevent or limit it