The Claimant was weight lifting which included lying on a bench and power lifting a bar of weights of 140 kg. After successfully lifting the same, the Claimant gave control of the bar to the Personal Trainer as part of replacing it into the holder above the Claimant's head. The Personal Trainer failed to ensure that the bar, still bearing the 140 kg was replaced correctly, so that the bar fell back down onto the Claimant trapping his right dominant arm and causing significant injury. The claimant was left abandoned in the cafeteria with no first aid offered.
The family instructed Garratts and a claim was brought against the gym who immediately denied responsibility and blamed the Personal Trainer. The claim was then directed to the Personal Trainer but he disappeared to Australia.
The claim was re-directed back to the gym and again Liability was denied. Proceedings were issued.
The Claimant's injury was significant including a spiral fracture of the mid shaft right humerus . This dominant arm fracture led to complications including a radial palsy with dropping of his wrist and fingers.
There were problems with grip and comfortably opening bottles and cans, jars and similar objects. The Claimant was unable to play golf for six months and was unable to go to watch his beloved Manchester United until there was sufficient healing to avoid pain.
Once Proceedings had been issued the Defendants conceded Liability and the Claimant recovered £17,500 damages.
