Safety of racking caused severe knee injury to teacher

A Secondary school teacher sustained a significant knee injury when a fellow gym classmate knocked a dumbbell from racking prior to commencement of an exercise class. The dumbbell bounced and struck our client's knee. Defenders denied liability, arguing that any blame for the accident rested with the fellow class member. We accepted instructions to proceed on a no win no fee basis; investigated matters and discovered that the system for housing the dumbbells was wholly inadequate, and that the risk of such an accident occurring was wholly foreseeable.

Responsibility for the accident remained in dispute and so we raised a Court action at the Court of Session in Edinburgh. Throughout the procedural stages of Court action, the defenders maintained that no offer would be forthcoming. On the day prior to the 4 day Court hearing being scheduled to start, the defenders settled the pursuer's claim in the sum of £50,000.