Archive for March, 2015

Negotiations Result in Resolved Compensation Claim for Man Injured in Accident at Gym

March 7th, 2015 | By licnewsadmin

The compensation claim – settled for a total of £1.3million – has been resolved through negotiations between the two parties after a man was seriously injured and left partially blind after an accident that occurred whilst he was training at his gym.

The victim, Mauro Carneiro, forty-six and the director of a company, was training at the David Lloyd Gym & Leisure Centre in Stockton-on-Tees when he was seriously injured during a training session. Mr Carneiro, of Eaglescliffe in County Durham,  was working with his personal trainer for an outdoor training session. The trainer had used a nylon webbing strap to attach resistance training bands to a fence post, in addition to using them to D-rings using carabineer clips.

As part of the session, the trainer required Mr Carneiro to pull on the resistance bands and bring them towards his torso, all whilst kneeling on a stability ball. Yet when Mr Carneiro carried out this action and pulled on the bands, the nylon webbing gave way and the apparatus recoiled, with the carabineer clips and D-ring hitting Mr Carneiro in the face. The accident resulted in Mr Carneiro all but losing his vision; left with only partial sight in his right eye, he completely lost the ability to see from his left.

Mr Carneiro subsequently made a compensation claim for the accident against David Lloyd Leisure Ltd, claiming that no risk assessment had been carried out by his trainer to ensure the activity with which he was asked to engage did not put him at any risk. The Health and Safety Department of the Stockton Borough Council also began its own investigation surrounding the incident.

The investigation resulted in David Lloyd Leisure Limited being prosecuted for breached of Section 20 of the Health and Safety at Work etc Act of 1974, in addition to failing to carry out adequate risk assessments. Despite pleading guilty to the charges brought against them at the Teeside Crown Court, the company disputed the placement of absolute culpability on them.

The court hear the company concede liability for the injuries to Mr Carneiro  eyes, and that the compensation claim had been settled at £1.3 million. The case was then adjourned until the 15th of May to that the level of culpability of each party can be assessed, which will have impacts on the sentences dealt to the leisure centre.

 


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