China Consumer Daily, Shanghai News (Reporter Liu Hao) Ms. Sun, a Shanghai consumer, brought a lawsuit against the gym in court for her left upper arm fracture due to improper coaching during yoga practice in the gym. Recently, the People's Court of Jinshan District, Shanghai, issued a first instance judgment that the gymnasium should bear full liability for damages suffered by Ms. Sun.
In December 2017, Ms. Sun signed a membership agreement with a gym in Jinshan, paying a membership fee of 3,380 yuan. The course contents include fitness, gymnastics, bicycle and so on. The validity period is up to the middle of 2020.
On August 28, 2018, Ms. Sun went to the gym as usual to practice yoga under the guidance of her coach. Suddenly, when the coach was stretching her shoulder, she broke her left upper arm due to improper exertion. On December 13 of the same year, the results of judicial expertise showed that Ms. Sun suffered from fracture of the lower end of left humerus, and her left elbow joint lost more than 25% of its function, which constituted grade 10 disability. After the accident, the gym only paid 50,000 yuan for the operation. Originally for shaping and practicing yoga, it turned into fracture and disability. Mrs. Sun was very angry and took the gym to court.
Ms. Sun complained that her left upper arm was injured because of the gym coach's behavior, and the gym should be liable for compensation, including medical expenses, disability compensation, spiritual damage consolation and other losses totalling more than 230,000 yuan.
The gym recognizes the fact that Ms. Sun was injured inadvertently while practicing yoga, but believes that the part-time coaches employed by herself have the qualifications of professional yoga coaches and fulfill the obligation of safety and security, while Ms. Sun, as an adult, needs to take certain duty of care. Therefore, Ms. Sun herself should bear part of the responsibility for the various losses of fractures.
After hearing, the court held that the right to health and body of natural persons should be protected by law. Where harm is caused to another person's body, he shall bear the corresponding liability for compensation according to the size of the fault. As a fitness service provider, the coaches hired by gymnasiums should be guided and adjusted according to the training conditions, on the basis of understanding the basic physical condition and sports level of their members, in order to ensure the effectiveness and safety of their training. In this case, when the gym coach stretched Ms. Sun's shoulder in physiotherapy yoga class, improper exertion resulted in her injury, which was unpredictable for Ms. Sun and beyond the scope of reasonable attention. Therefore, the court refused to accept the opinion that Ms. Sun has the duty of care and should bear some responsibility for herself. The gymnasium should be fully liable for the consequences of Ms. Sun's injury.
According to Ms. Sun's actual situation, the court made a first-instance judgment. The gym deducted 50,000 yuan already paid in advance. It should also compensate Ms. Sun for various losses totaling more than 220,000 yuan.
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