Virgin Active
Cape Town - A well-known gymnasium group will have to cough up after a British security guard was injured on an exercise machine in its branch in Long Street, Cape Town.
Virgin Active South Africa this week made a settlement in the local supreme court with Edward Gerhard Huss in consideration of his claim of more than R600 000.
The court will decide on the actual amount for damages at a later date. In terms of the settlement, which was made an order of the court, Virgin Active accepts responsibility for the incident that took place on December 26 2001.
Virgin Active will be responsible for Huss's medical expenses, loss of income, general damages, travelling expenses, and legal costs.
Huss, previously a body builder, said he visited the Long Street gymnasium that day as he had received a complimentary voucher from the group's sales representatives in Johannesburg.
He never signed any documents indemnifying Virgin Active against any claims and saw no warning notices there.
Huss completed his first set of exercises on the rowing machine and as he started his second set, the cable of the machine broke. He fell backwards, hitting the gymnasium floor with the back of his head.
Huss alleged that Virgin Active, as owner of the gymnasium, had a responsibility towards him and other clients to ensure their safety.
According to him, Virgin Active was negligent in not ensuring that its equipment was in good repair, properly maintained or safe.
Huss sustained serious injuries to his head, neck and spine. He experienced severe pain, fainting spells, headaches, trauma and emotional shock after the incident.
According to a court deposition, he was hospitalised and had to received physiotherapy after the incident, was partly disabled for 17 weeks after the incident and had to walk with a crutch.
He was unable to work during this period.
Huss instituted a damages claim amounting to R639 374.71.
Posted by: www.SouthAfrica-CarHire.com
A body builder that hurt his little head by falling. Shame. Sorry, no ambulance for hire.
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