Busy weight loss after the festival!Gym jump hold sprain can claim for compensation?So the court ruled!


Did you enjoy yourself at home during the Spring Festival?It is said that during the festive season, three catties fat, after the resumption of work, many people quickly join the gym, one is fitness and shape, and two is to relax.However, there is also a risk of improper fitness, and accidents can make both the exerciser and the gym “miserable”.Basic facts of a case one day, brook (pseudonym) come to the gym that village downstairs takes exercise.I was doing aerobics with my trainer and I sprained my knee.On the same day, Xiaoxi went to the hospital and was discharged the next day.The next day He went to another hospital and was discharged 17 days later.Xiao Xiao believes the patella fracture was caused by a gym instructor who reset her after she sprained.Xiaoxi and the gym on the medical costs, compensation negotiations failed, they came to the court, the gym and the gym headquarters compensation for their medical costs, lost time, nursing costs, nutrition costs, a total of more than 85,000 yuan.First instance: although the coach did not correct rescue, but rescue conduct to be sure of the first instance court hearing, commissioned the appraisal center of the stream disability assessment, causal relationship and other forensic expertise.The assessment showed that the dislocation of the right patella of the stream did not cause disability;After the dislocation of right patella of Xiaoxi, the coach failed to correctly reduce the dislocated patella and move the right knee joint, which could aggravate the injury of soft tissue injury and joint cavity effusion of xiaoxi right knee.At the same time, the identification institution also made it clear that the patellar joint of Xiaoxiao was dysplasia, and the outward dislocation of the right patella was caused by rotation of the right knee in the semi-flexion position on the basis of patellar joint dysplasia.After the trial, the court of first instance held that although the fitness coach did not correctly reset the patella dislocated by the stream, and his behavior of moving the joint could aggravate the injury, the good conduct of such assistance to the coach should not be abandoned, and the physiological defect of the stream itself was the main reason for the injury.The first-instance court decided that the gym and its parent company should bear 20% civil compensation liability for the damage caused by the brook.In addition to not recognizing the cost of missing work, the first-instance court comprehensively recognized the medical expenses, nursing expenses, nutrition expenses, appraisal fees, a total of more than 29,000 yuan.The first-instance court ordered the gym and its parent company to compensate Xiaoxi for more than 5,800 yuan.The stream refuses to accept, appeals to the Shanghai intermediate court.Second instance: The coach is not professionally qualified and improper handling, and there is subjective fault. Xiaoxi believes that the gym did not carry out any inspection, risk assessment and guidance on its own body and the projects it participated in.And fitness coaches in the premise of not obtaining any qualifications, arbitrarily reset action is not a life-saving behavior;And raise an objection to the amount of medical expenses and lost work expenses.The gym and its company do not agree with The appeal request of Xiaoxi, believing that its 20% liability and the determination of compensation cost have reached the upper limit. In order to avoid trouble, they did not appeal, and hope the court to reject the appeal request of Xiaoxi.Shanghai one intermediate court after the trial, the focus from the following aspects.First of all, in this case, the brook was sprained while doing group aerobics in the gym, rather than one-to-one private education service.Xiaoxi, as a gymnast, should foresee certain risks of this activity and be aware of and able to judge whether his current physical condition is suitable for exercise as well as the speed, strength and range of exercise, so as to avoid sports injuries.And the stream has not done its duty of care to itself.Xiaoxi failed to provide evidence of extreme movements, excessive weight-bearing movements, excessive repetitive sustained movements and sustained pressure movements by the fitness instructor during lead exercises.It can be seen that the special constitution of the brook is the basic reason for the dislocation of right patella.Therefore, in the case of right patellar dislocation alone, the stream was at fault for the occurrence of the dislocation and is solely responsible.Secondly, the fitness coach in this case is not a sports health doctor, and in the absence of relevant qualifications for improper handling, resulting in secondary damage to the stream, aggravating its injury.The coach is at fault subjectively.According to this judgment gym to assume 20% compensation liability is not improper, the proportion of responsibility to maintain.Regarding the determination of compensation items and amount, Xiaoxi did not provide evidence to prove that its fixed income did decrease, so it maintained the judgment of first instance on its claim of loss of work fee and did not support it.The total amount of the medical fee, nursing fee, nutrition fee, transportation fee, appraisal fee and other related evidence of the brook was revised and determined to be more than 32,000 yuan.In January 2022, Shanghai No. 1 Intermediate People’s Court decided that the gym should compensate Xiaoxi 6,500 yuan in total according to the 20% liability ratio according to the liability determination of both parties.The parent company of the gym shall be liable for the debts that cannot be paid off.In recent years, with the improvement of living standard and the transformation of health concept, people pay more and more attention to fitness and shaping, but at the same time, the right to health disputes also increase.In this case, when the stream sprains, there is no immediate concern for life, no need for first aid.Fitness coach in the case of no corresponding qualifications or professional skills, fully have the time and ability to seek professional rescue to make the brook get timely and effective treatment, but the coach without authorization, failed to help the brook reset correctly, and the right knee movement, aggravating the brook injury.Bodybuilders are the first person responsible for their own health. They should fully evaluate their own physical condition and the risks of fitness activities when carrying out sports and fitness activities.Gyms or fitness institutions should constantly improve their own management, strengthen the trainer access system and emergency rescue guarantee mechanism, so as to reduce the occurrence of disputes and effectively protect the rights and interests of fitness operators and operators.Source: Shanghai No. 1 High School Court, Hunan High Court

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