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Occupier's Liability Case 2012

Dhaliwal v. Premier Fitness Clubs Inc. - Occupier's Liability Act Cass - Fitnerss Club - Ottawa Accident and Injury Lawyers

In a recent case involving an injury sustained at a health club confirms that owners and occupiers of properties have a positive duty to maintain their properties and to ensure the safety of persons invited onto their premises.

In Dhaliwal v. Premier Fitness Clubs Inc., the plaintiff sought damages for personal injuries he sustained while exercising at the defendants fitness club. While using a vertical leg press machine, the plaintiff’s right foot slipped off the platform. He attempted to restore the locking device to prevent the descent of the weights, but was unable to do so. When the weights came down, a portion of the plaintiff was caught by the falling weight and one of his fingers was crushed. A small portion of his finger was amputated. The plaintiff claimed that the defendants failed to keep the fitness club reasonably safe for its members and alleged that his foot slipped off the platform causing the weights to come down as a result of water on his shoes which was present due to water on the floor in the fitness club. The defendants alleged that they had devised a reasonable maintenance system for the fitness club and that the users of the facility were reasonably safe at all times, including the plaintiff.

However, the court concluded that there was a complete absence of credible evidence, that the defendant had a maintenance program in place, that it was in fact implemented, operational and routinely followed. In all the circumstances of the case, the court concluded that the plaintiff established that his injuries was caused by the defendants negligence in breaching their statutory duty to maintain its property under the Occupier’s Liability Act of Ontario. The court concluded that the defendants breached their statutory duty to keep the premises reasonably safe, the plaintiff would not have suffered the injury. The plaintiff was awarded a total of $48,885 in damages. The court concluded that the plaintiff did contribute towards his own injury because he was aware that operating the leg press machine while his shoes were wet was dangerous. As a consequence, the court concluded that the plaintiff failed to take precautions and in the circumstances the damages were apportioned equally between the plaintiff and the defendants and the plaintiff received total damages of $24,442.

If you or someone you care about has been injured as a result of the negligence of another person whether it was at a fitness club or another facility, our Ottawa injury lawyers are experienced in dealing with Occupier’s Liability Act claims. Contact one of our lawyers free of charge at 613-315-4878. Our lawyers provide free consultations and work on the basis of no fee unless you win.