- Carry out repairs and keep the gym equipment in good working order
- Perform regular maintenance on the gym equipment
- Prevent guests from using the unsafe equipment
- Carry out adequate inspections and test the equipment properly
Our client was using gym equipment at the Apollonian Resort & Spa on the popular Greek island of Kefalonia, when he suffered a severe personal injury, and incurred financial losses.
On the day of the accident, our client was using the gym equipment, in particular the lateral pull down weight machine. The client, an experienced gym goer, was using the machine as it is intended to be used, when the cable snapped.
He then fell to the floor along with the pull down bar, and as a result, sustained a right-sided rotator cuff tear, which affects the supraspinatus tendon in the shoulder.
This damage was so severe, that our client required specialist medical treatment including arthroscopic surgery, physiotherapy and pulsed radiofrequency denervation.
Lasting nerve damage and neuropathic symptoms ranging from sharp jabbing sensations and sharp pains were also experienced by our client following the treatment.
For tour operator, TUI, this situation could have been avoided had it not been for the poor level of maintenance of the gym equipment.
Incidentally, the resort still advertises the use of a range of facilities for guests, but now appears to no longer offer the use of a gym.
How We Helped
Our client approached our Holiday Claims Solicitors seeking a compensation claim against TUI. We provided a free, no-obligation consultation, and advised our client of his rights.
Once the case had started, we argued that the accident happened as a result of negligence due to the substandard maintenance of hotel facilities. We felt this constituted an improper performance of the contract with the tour operator, including their third parties.
We contested that the client had a right to make a holiday accident claim under the Supply of Goods and Services Act 1982 and The Package Travel Regulation 1992.
We felt the resort had failed to ensure the safety of the equipment
We also argued that the Apollonian Resort & Spa had failed to ensure that the safety of the gym equipment. We felt that this was because they had failed to:
Many of these errors could have been avoided, and we felt that TUI had failed to exercise a degree of skill and care as could reasonably be expected of them and their suppliers. The services they provided simply were not safe to use or of a reasonable standard, we argued. This also constituted a failure to comply with local safety standards.
An out of Court settlement was reached with TUI, and the client received a compensation award of £16,000.
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