Sydney gym ordered to pay $550,000 to injured member

A gym member who injured her back putting away a 25kg weight at the New Dimensions Health and Fitness Centre in Western Sydney has been awarded more than $550,000 in injury compensation.

The NSW District Court finding that the business was negligent for leaving the area untidy with equipment scattered on the floor is likely to serve as a warning for gym owners already facing challenges in managing their floor areas and equipment when reopening following Coronavirus shutdowns.

Sydney mother Jacqueline Powell injured her back putting away a 25kg weight at the gym in February 2016 as a result of which she had to subsequently endured four surgeries.

Judge Leonard Levy SC last week awarded Powell $551,000 in damages saying the gym was negligent for not clearing the exercise area after other users had left equipment in a “hazardous mess and untidiness”.

As reported by Sydney newspaper The Daily Telegraph, Judge Levy ruled in his judgement, “on her arrival at the weights area of the premises she found that she was confronted with a large quantity of gym equipment that had been left strewn untidily on the floor by previous patrons.

“Those circumstances were in plain contravention of the terms of membership of the gymnasium which required that it was the responsibility of users of equipment to put the equipment away after use.

“Had reasonable care been taken by the defendant, she would not have been injured.”

Dimi Ioannou, principal of lawyers Maurice Blackburn told The Daily Telegraph the case has put gyms “on notice” and should serve as a warning to other businesses to take care of the shared exercise spaces.

Ioannou advised “gym owners and operators have a responsibility to make sure they keep the place safe for their members, and a safe environment at all times.”

In its defence, the gym claimed Powell should accept half the blame and share the costs associated with the injury but this was rejected by Judge Levy.

The New Dimensions Health and Fitness Centre also submitted video of Powell collected by a private investigator showing her doing daily tasks such as carrying grocery bags.

However, this was also rejected by the Judge, who noted “viewed in the context of the plaintiff’s oral evidence, the occasional movements of the plaintiff, as seen in that footage, as seized upon by the defendant, were, in my view, of benign significance.”

Judge Levy’s damages ruling of $551,097.62 was reached by assessing Powell’s economic loss, out-of-pocket expenses, future treatment expenses and future domestic assistance.

Lower image Jacqueline Powell, supplied.