Our client, a marketing communications manager for a large financial services provider, suffered personal injury in an accident that occurred in the gym located in the office building where he worked. He was referred to Thompsons Solicitors in Scotland via his union, Aegis.

The background

On the date of his accident in July 2017, our client was in the changing room of the gym. As he prepared to take a spin class, a locker door behind him came loose and fell towards the floor. The door struck our client as he instinctively put out his hand to prevent it from hitting him.

The gym accident caused a soft tissue injury to his wrist and thumb.

It was our client's opinion that the lockers were not well-maintained and a number of them were in a poor state of repair. Following his accident, a number of the lockers with loose doors were repaired.

The consequences

Our client immediately suffered pain in his wrist and forearm, to the elbow. He took painkillers and continued to experience discomfort for some time after the incident. He was restricted in his day-to-day life as a result of the wrist injury. He incurred medical expenses in relation to physiotherapy treatment.

We intimated a claim, under the Occupier's Liability (Scotland) Act 1960 and with reference to Workplace (Health Safety and Welfare) Regulations 1992, with our client's employer as they are the owner occupier of the building where the gym is located.

The settlement

Liability was denied and we raised a claim in court.

A settlement offer was agreed post-litigation on 18 January 2021, in the sum of £3,000 personal injury compensation.