Our client was a well-known company operating health and sports clubs and gyms. A member suffered serious injury when a belt on the treadmill she was using separated, causing her to fall, and a claim was pursued against our client.
Our adjuster established that the treadmill was leased and the lease agreement specified that responsibility for maintenance rested with the supplier, but it also placed responsibility on our client to carry out an external inspection of the equipment twice daily.
Our adjuster obtained CCTV footage, which showed an employee carefully inspecting the equipment twice a day.
We obtained a statement from the employee, who stated that he would have noted a developing defect in the belt of the treadmill.
We obtained engineering evidence from an expert who concluded that an incorrect adhesive had been used when the belt was last replaced by the supplier and that the failure would have been sudden with no prior indication.
As a result, the co-defendants allowed our client out of the proceedings with reimbursement of a substantial proportion of their legal costs.
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