Substantial settlement for elderly gentlemen due to unassisted use of rowing machine by personal trainer

Published 24 Oct 2014

Gerard Malouf and Partners was able to obtain a substantial settlement for an elderly gentlemen who sustained injuries due to unassisted use of a rowing machine during a personal training session. Our client was given no instructions as to how to operate the rowing machine, thereby exerting abnormal strain from his lower back. Our client proceeded to report the injury to the defendant’s employee. However, the employee did not stop the session, which exacerbated the strain resulting in significant injury to his back.

Prior to the incident, our client ran a successful freight business. Due to the injury our client was severely restricted in the activities he could conduct for his business. Consequently our client had to hire additional staff, thereby incurring substantial financial loss.

Upon approaching Gerard Malouf and Partners, the matter was quickly referred to Mr Riyad Abbas and his team. Mr Abbas argued that the defendant breached their duty of care, as our client was not adequately informed how to use the rowing machine. Additionally, the defendant had breached their contract as they did not provide services with due care and skill. The defendant denied liability and breach of contract. Mr Abbas collated evidence that supported his claim. 

The matter was successfully resolved through mediation and our client received a substantial sum of $145,000.00 for his injury and losses. Our client was extremely pleased with the result and looked forward to moving on with his life.

This case shows that no claim is too difficult for the solicitors at Gerard Malouf and Partners. The firm is equipped with the correct skill and expertise to ensure our client’s always receive justice.