Fitness centre acquitted after spinningulykke

(Mallorca): In the beginning of January, and spoke On the Liss-Merethe Hermansen was partially disabled after a spinningulykke, it will say indoor sykkeltrening, at the gym, Firmness Alta.

the Bolt in the seat on the bike broke, which meant that the Hermansen fell backward and injured his neck in 2014.

the Case between Firmness Alta and Sparebank 1 Skadeforsikring on the one hand, and Hermansen on the other started in the beginning of January in the Supreme court.

Attorney Einar Ingvald Skrøder Lohne represents Hermansen, and informed to Mallorca before the case started that there has been talk of a damages at around 2.2 million.

Now has the Supreme court ruled that the fitness center can't be held responsible, according to NTB.

Won in the court of appeal

In the district court, the case was split in two, and the case has been going on in the Supreme court concerned only the question of whether the fitness centre could be liable for the damage Hermansen was applied. In a potential next round, it would have been considered a possible replacement. Hermansen lost first in district court, before leaping ability Alta and Sparebank 1 Skadeforsikring was known to be liable for the damage Hermansen was inflicted in the court of appeal.

the Court of appeal believed that there was a upåregnelig the failure of the equipment that happen to hit Hermansen, and that this risk was outside that she had accepted.

Disagree about risk

In the appeal to the Supreme court has Resilience Alta and the insurance company argued that the risk by the use of spinningsykkel not exceed the everyday risk, and that the mishap that occurred at that setebolten broke is not a typical and increasingly risk by spinning.

the Respondent believes, however, that it is reasonable that there be established a tort protection because spinningsykler and other devices expose users to risk of injury.

In the judgement of the Supreme court arising that Resilience Alta has organized spinning since 2000, between 10 and 15 hours per. week. In the course of these years, there have been two cases where the setebolten has broken, and only in this case, it has resulted in personal injury.

the Supreme court concludes that the likelihood of damage by spinning must be regarded as low, and that the risk of injury must be compared with the difficulties of everyday risk.

"(..) It must be clear that the Resilience Alta had not created a risk that exceeded everyday risk", states the verdict.

Resilience Alta and Sparebank 1 Skadeforsikring was unanimously acquitted in the Supreme court.

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