A compensation claim put forward after a serious injury in a leisure centre has been settled out-of-court for the sum of £1.3million, Teeside Crown Court hears.
The injury occurred during an outdoor personal training session on June 7th, 2013, attended by Mauro Caneiro, forty-six and a company director from Eaglescliffe, Co. Durham, at the David Lloyd Leisure Centre in Stockton-on-Tees. Mr Caneiro’s personal trainer used D-ring apparatus with carabineer clips to secure three fitness resistance bands to a fence post. The entire set-up was then enforced with a nylon webbing strap.
Mr Caneiro was then instructed by his personal trainer to kneel on a stability ball whilst pulling the resistance bands towards his body. However, whilst Mr Caneiro was carrying out the movement the nylon straps broke and the resistance bands recoiled towards the victim. The carabineer clips and D-ring that had previously connected the apparatus to the fence post hit the customer in the face, causing serious injuries to Mr Caneiro. As a result of the incident he was left permanently blind in his left eye and substantial loss of vision in his right eye, and now only has partial sight in that eye.
The victim received medical attention after the accident, and sought legal advice from a solicitor regarding the course of action he should take to receive compensation for the incident. Mr Caneiro then made an injury claim against the David Lloyd Leisure Limited, believing that the centre had neglected to carry out a comprehensive risk assessment on the outdoor activity he partook in to ensure that no injury would ensue from the activity.
The case was heard at Teeside Crown Court, where representatives for the the defendant pleaded guilty to the charges brought against them, but contested the level of accountability assigned to them. David Lloyd Leisure Limited conceded liability for the injuries sustained by their customer, Mr Caneiro, and settled the compensation claim for £1.3million. The hearing was adjourned until May 15th to allow the degree of culpability assigned to the centre, which may affect the sentence handed down to the leisure centre for the incident.