Description
The tip of the Claimant's finger was amputated whilst she was 'spotting' for a friend on a weight-machine at the Defendant's gym. At first instance the Recorder held that it was reasonably foreseeable that injury would be suffered by a gym member in this way; and that it was not clear from any signage or other warning to someone in the Claimant's position that there was a risk of injury as severe as amputation. The Claimant won at first instance subject to a 25% reduction in respect of contributory negligence.
The Defendant appealed on the basis that the Recorder had erred in finding that the machine in question posed risks that were not immediately apparent; that there were not adequate warnings; and that but for the lack of warnings the injury would not have occurred. The Defendant failed on all of these points, the Court of Appeal finding that the Recorder had not strayed outside the ambit of reasonable discretion in fact finding.
The Defendant also failed with a series of points in respect of supposed procedural defects with the Claimant's case. The Court of Appeal found, in summary, that the Claimant's pleadings were adequate; and that the Defendant had had the opportunity to ask for an adjournment if they so wished.
