Accident at an outdoor fitness area - who is responsible?

In mid-2019. District Court – Shumen issued a decision ordering the Municipality of Shumen to pay compensation to an injured person for the material and non-pecuniary damage as a result of an accident that occurred at an outdoor fitness area. The court ruled that the municipality must pay compensation in the amount of 3,000 leva for damages.

What are the specific facts of the case?

The incident occurred in the city of Shumen in mid-2018. Two spouses went to a fitness center to do their usual workouts. While using one of the devices, labeled "rowing" and representing a simulator, the seat collapsed and the woman's hands became trapped between the irons. As a result of the device's failure, traumatic injuries, severe pain, and even medical assistance were required.

Why is the municipality responsible for an accident at a fitness center?

The fitness area, which is public municipal property on the territory of the city of Shumen, was in a malfunction, which led to the breakage of the equipment. There is no dispute that the municipality, as the owner, must maintain the equipment installed on the area in good and, above all, safe general condition.

As a result of its failure to fulfill this obligation, the court ruled that the Municipality of Shumen should pay compensation in the amount of 3,000 leva for the breakage of a "Row Trainer" fitness device installed on the outdoor fitness area.

Municipal sites are provided to citizens for public use in order to satisfy certain needs and increase the standard and quality of life. This goal could not be achieved if liability for tortious damage resulting from insufficient quality maintenance could not be realized.

Therefore, it is of paramount importance to impose an obligation for safety and maintenance on the persons responsible for the condition of the site. Accordingly, in the event of incidents, the responsibility of the obligated person - be it the municipality or the company responsible for the maintenance of the sites - must be realized.

What compensation are you entitled to?

All damages, direct and immediate consequences of tortious damage, are subject to compensation. In the event of damage occurring on the territory of an open municipal fitness area, the damages that should be compensated are pecuniary and/or non-pecuniary.

Property damages include, for example, the monetary costs of medical examinations, treatment, medications, and everything necessary for recovery. The amount of compensation for property damages can be precisely determined based on the evidence provided for the expenses incurred.

Non-pecuniary damages resulting from such an accident can be expressed in the physical pain, suffering, mental discomfort, low mood, stress experienced, etc. The court determines the amount of compensation for non-pecuniary damages in a fair manner.

Justice in determining the amount of compensation for non-pecuniary damage is not abstract. It is strictly bound by objectively existing facts – type, significance, duration, intensity of the negative changes suffered in the non-pecuniary sphere of the victim, etc.

How can our team help you if you have been injured in such an incident?