The hot summer has quietly arrived, and it is the season to show off the body, and more and more young people choose fitness to shape the perfect body. However, the so-called fitness is risky, and the iron must be cautious. The desired muscles have not yet been trained, but citizen Xiao Su's fingers were the first to be "gloriously" injured during fitness. Angry, he demanded that the gym bear the liability, and the gym believed that it was caused by Xiao Su's wrong use of fitness equipment... After a delay in reconciliation, the two parties came to the People's Mediation Committee of Yexie Town to seek mediation.
Whose fault is it
At the mediation scene, Xiao Su's fingers were still wrapped in thick cotton gauze. He said that after the Spring Festival this year, he spent more than 1,000 yuan to get an annual pass at a gym. One day he went to the gym as usual, but while practicing dumbbells, he accidentally injured the middle finger of his left hand. Xiao Su is a college student, and the accidental injury to his finger has brought great inconvenience to his normal classes and life. He believes that the aging of fitness equipment is the cause of his injury, so he requires the gym to fulfill its liability and bear the expenses of medical expenses and transportation expenses.
However, the gym did not agree with Xiao Su's claim of the cause of injury. Gym owner Zhang said that Xiao Su's accident had nothing to do with the gym, and was caused by Xiao Su's own wrong use of fitness equipment. And considering that Xiao Su was still a student, he might not be able to bear the high medical expenses, so he transferred 5,000 yuan to Xiao Su at the first time so that he could seek medical treatment. For this accident, Zhang said that the gym has done its best, and if Xiao Su insists on asking for these compensations, he can file a lawsuit with the court, and the gym will pay as much as the court decides.
Peel back the cocoon and find the truth
The cause of the injury is the basis for determining liability. In order to restore the truth of the matter, the mediator went to the gym to find out.
At the gym, the mediator viewed surveillance video from the time of the incident. The video shows that Xiao Su was sitting in a dedicated fitness chair while practicing dumbbells. Before Xiao Su, it happened that a fitness student also did dumbbell lifting exercises without any problems. The mediator carefully compared the two videos and found that when Xiao Su was practicing lifting dumbbells, unlike the previous trainee, he was holding dumbbells with his hands face down. The mediator also looked at surveillance video from the gym at other times and found that everyone else was holding dumbbells face up. The fitness instructor explained to the mediator that the person should be face up during normal dumbbell exercises. After the body orientation was overturned, the center of gravity of the instrument shifted, the load-bearing part of the instrument was damaged, and Xiao Su's whole person leaned forward, resulting in accidental injury. It can be seen that the gym's claim is obviously more reasonable, and it also has video surveillance evidence.
Interpretation of the law is rationalized and contradictory
The mediator told Xiao Su that as a COI, he could understand the burden and loss caused to Xiao Su by this accidental injury, whether physically, psychologically or financially. However, the law is fair and just, and the principles of objectivity, impartiality and seeking truth from facts should be adhered to in judging how wrong things are. As a person with full capacity for civil conduct, Xiao Su is the first person responsible for his own safety, and he is not the first time to exercise in the gym, and he should have an understanding of how to use fitness equipment normally and the risks of improper operation. Judging from the on-site surveillance video, Xiao Su did have improper operation problems during fitness, and the existing evidence not only could not support the cause of the injury claimed by him in relation to the aging of fitness equipment, but was not conducive to it. It is hoped that Xiao Su can rationally view the cause of the injury and adjust his compensation expectations appropriately. The mediator put himself in Xiao Su's shoes, explained the law for him, analyzed the pros and cons, and gradually softened Xiao Su's attitude. Xiao Su expressed her willingness to reduce the amount of compensation.
As for Zhang, the mediator pointed out that according to the Civil Code and the Law on the Protection of Consumer Rights and Interests, as a business operator, it should fulfill its obligation to ensure that the goods or services provided by it meet the requirements for protecting the safety of persons and property, and should give consumers a true explanation and clear warning for goods and services that may endanger persons and property, and explain and indicate the methods of correct use of goods or services and methods of preventing the occurrence of harm. Xiao Su applied for an annual pass at the gym, which was deemed to have entered into a fitness service contract between the two parties. During its fitness period, the gym should actively perform its safety and security obligations, and should give reasonable instructions to Xiao Su's improper operation, so the gym should also be liable for compensation to Xiao Su.
After that, the mediator continues to communicate with the parties to close the gap in the amount of compensation. Patient interpretation and reasoning eventually led to a handshake between the two sides. Xiao Su and the gym reached an agreement on the amount of compensation, signed a people's mediation agreement, and the gym paid compensation to Xiao Su on the spot.
Tips：
With the increase of national health awareness, for many young people, soaking goji berries in a thermos cup is not as good as "burning your calories". Love beauty is human nature, fitness is expensive, but fitness also contains certain risks. As the first person responsible for their own safety, fitness and beauty lovers should strengthen their own safety awareness, scientifically and correctly operate fitness equipment under the guidance of professionals, avoid unnecessary damage, such as injuries and other accidents, do a good job of on-site evidence retention at the first time, and learn to use legal weapons to protect their legitimate rights and interests. At the same time, as a party responsible for safety and security, the gym should also actively do a good job in venue management, equipment management, service management, etc., to create a safe and comfortable fitness environment for fitness and beauty lovers.