Settlement Achieved for Claimant Injured During Fitness Class

Claimant secures full compensation after suffering serious facial injuries caused by defective fitness equipment during an outdoor class.

Background

On 14 October 2022, the Claimant attended an outdoor fitness class. An exercise had been set up by the instructor involving a resistance band attached to the steel handle of a bench. The Claimant was instructed to pull the resistance band towards him. As the Claimant carried out the exercise, the steel handle detached from the bench and was propelled towards his face.

As a result of the accident, the Claimant suffered significant dental and facial injuries for which he required extensive private treatment for.

Liability Investigations and Medical Evidence

The claim was submitted to the Defendant’s insurers within 2 weeks of Dean Wilson LLP being instructed and liability was admitted by the Defendant’s Insurer’s in full at first instance.

Despite this admission, the Defendant’s insurers disputed the value of the claim, notwithstanding that comprehensive and supportive medical and dental expert evidence had been obtained to justify all losses claimed.

Negotiations continued, but the parties remained approximately £10,000 apart, with the insurer unwilling to increase its offer further.

Strategic Litigation and Part 36 Offer

Confident in the strength of both the evidence and our valuation advice, we advised the Claimant to issue court proceedings. A formal Part 36 offer was then made at our assessed valuation to place procedural pressure on the Defendant and protect the Claimant’s position on costs.

The Outcome

Shortly after proceedings were issued, the claim was transferred from the Defendant’s insurers to solicitors. Upon review, the Defendant was advised to accept the Claimant’s Part 36 offer in full.

As a result, the Claimant recovered an additional £10,000 over and above what the insurer had been prepared to offer during negotiations—successfully securing full compensation for his injuries and treatment.

Get in touch with the Personal Injury Team at Dean Wilson

If you have been involved in a personal injury case and are looking for advice on how to claim compensation, get in touch with our personal injury department or call us on 01273 249200