Notice: Undefined index: OS in /usr/home/wh-as5ubll29rj6kxf8oxm/htdocs/Include/const.inc.php on line 64 Notice: Undefined variable: siters in /usr/home/wh-as5ubll29rj6kxf8oxm/htdocs/Include/function.inc.php on line 2414 Notice: Undefined index: User in /usr/home/wh-as5ubll29rj6kxf8oxm/htdocs/pcen/const.inc.php on line 108 Notice: Undefined offset: 0 in /usr/home/wh-as5ubll29rj6kxf8oxm/htdocs/Include/function.inc.php on line 3607 Notice: Undefined offset: 0 in /usr/home/wh-as5ubll29rj6kxf8oxm/htdocs/Include/function.inc.php on line 3612 Notice: Undefined offset: 0 in /usr/home/wh-as5ubll29rj6kxf8oxm/htdocs/pcen/common.php on line 70 Notice: Undefined offset: 0 in /usr/home/wh-as5ubll29rj6kxf8oxm/htdocs/pcen/common.php on line 74 Notice: Undefined index: User in /usr/home/wh-as5ubll29rj6kxf8oxm/htdocs/pcen/common.php on line 158 Notice: Undefined index: SID in /usr/home/wh-as5ubll29rj6kxf8oxm/htdocs/pcen/common.php on line 177 Notice: Undefined index: UID in /usr/home/wh-as5ubll29rj6kxf8oxm/htdocs/pcen/common.php on line 179 Notice: Undefined variable: UserName in /usr/home/wh-as5ubll29rj6kxf8oxm/htdocs/pcen/common.php on line 180 Notice: Undefined variable: Mobile in /usr/home/wh-as5ubll29rj6kxf8oxm/htdocs/pcen/common.php on line 181 Notice: Undefined variable: Email in /usr/home/wh-as5ubll29rj6kxf8oxm/htdocs/pcen/common.php on line 182 Notice: Undefined variable: Num in /usr/home/wh-as5ubll29rj6kxf8oxm/htdocs/pcen/common.php on line 183 Notice: Undefined variable: keyword in /usr/home/wh-as5ubll29rj6kxf8oxm/htdocs/pcen/common.php on line 184 Notice: Undefined index: ac in /usr/home/wh-as5ubll29rj6kxf8oxm/htdocs/pcen/common.php on line 189 Notice: Undefined index: CHtml in /usr/home/wh-as5ubll29rj6kxf8oxm/htdocs/pcen/common.php on line 191 Notice: Undefined offset: 0 in /usr/home/wh-as5ubll29rj6kxf8oxm/htdocs/pcen/common.php on line 201 Notice: Undefined index: t in /usr/home/wh-as5ubll29rj6kxf8oxm/htdocs/pcen/info_view.php on line 40 Notice: Undefined offset: 0 in /usr/home/wh-as5ubll29rj6kxf8oxm/htdocs/Include/function.inc.php on line 3607 Notice: Undefined offset: 0 in /usr/home/wh-as5ubll29rj6kxf8oxm/htdocs/Include/function.inc.php on line 3612 Notice: Undefined variable: strimg in /usr/home/wh-as5ubll29rj6kxf8oxm/htdocs/Include/function.inc.php on line 3612 Notice: Undefined offset: 1 in /usr/home/wh-as5ubll29rj6kxf8oxm/htdocs/Include/function.inc.php on line 617 Notice: Undefined index: enseo in /usr/home/wh-as5ubll29rj6kxf8oxm/htdocs/Include/function.inc.php on line 3076 Notice: Undefined variable: TPath in /usr/home/wh-as5ubll29rj6kxf8oxm/htdocs/pcen/info_view.php on line 125 How to divide responsibilities between "fitness" and "injury"? Fuzhou Jin'an District Court: Yoga parlors bear the main responsibility for failing to fulfill their safety obligations-瞭望新时代网

Law

How to divide responsibilities between "fitness" and "injury"? Fuzhou Jin'an District Court: Yoga parlors bear the main responsibility for failing to fulfill their safety obligations

2023-06-19   

With the increasing popularity of the concept of healthy living among the general public, yoga has gradually become a popular choice for fitness among the general public. However, the seemingly simple yoga exercise may also suffer from Sports injury and cause disputes. Recently, the People's Court of Jin'an District, Fuzhou City, Fujian Province, concluded a case of tort liability dispute caused by injuries from yoga practice. After the trial, the court held that the yoga studio, as a specialized training and teaching service institution, did not fulfill sufficient safety obligations and should bear the main responsibility of this case. At the same time, as a person with full civil capacity, the customer should be aware of the risks associated with practicing yoga. However, if they continue to train after feeling unwell, there is also a fault for the occurrence of the damage. Therefore, the responsibility of the yoga studio can be appropriately reduced. The judgment in this case not only fully protects the legitimate rights and interests of consumers, but also reflects the people's court's full application of the concept of active justice in civil trial work, effectively playing the role of rule guidance and value orientation of judicial judgments, and playing a positive role in the standardized governance of sports and fitness service industries. Fitness is risky and requires moderate exercise. On December 10, 2021, Duan paid 3380 yuan to a yoga studio through WeChat and became an annual membership of the yoga studio. The next day, Duan transferred 5719 yuan to the yoga studio to buy a Personal trainer course package. During the period from December 11, 2021 to January 22, 2022, Duan frequently scheduled yoga classes and conducted yoga exercises with yoga coach Li at the yoga studio through WeChat. In early January 2022, after completing a yoga private class, Duan felt discomfort in his left hip and informed coach Li. After hearing this, Li said that this is a subluxation and strain of the femoral head after normal exercise. Let Duan continue to do some rehabilitation and relaxation training at the yoga studio. Duan, out of trust in the coach, continued to attend classes at the yoga studio. On January 20, 2022, due to unbearable pain, Duan went to the hospital for examination. The X-ray diagnosis report showed that there was a degenerative change in Duan's left hip joint. On the 23rd of the same month, Duan went to an orthopedic hospital for magnetic resonance imaging examination, and the imaging diagnosis was a small amount of fluid accumulation in the left hip joint space. From March to May 2022, Duan went to the hospital multiple times for examination and treatment due to his symptoms not being relieved. He was also hospitalized at the end of April and discharged on May 18th. The diagnostic conclusion provided by the hospital is: 1. Edema of hip joint disease (left hip arthritis) (mild bone marrow edema in the left acetabulum, and possible mild bone marrow edema in the upper femoral shaft); 2. Abnormal findings of diagnostic imaging examination of other parts of the musculoskeletal system (mild pelvic degeneration), etc. After discharge, Duan went to a yoga studio to seek a solution. After the negotiation was unsuccessful and the lawsuit was appealed to the judge, Duan and coach Li communicated multiple times to negotiate related compensation matters, but the two parties were unable to reach a consensus. Therefore, Duan sued the yoga studio and Li to the court. The defendant argued in the lawsuit that during a WeChat chat with Li, Duan confirmed that the range of yoga movements taught by Li was very small, the teaching intensity was low, and Li only demonstrated the movements and told the essentials of the movements. Duan stretched himself, but Li did not press Duan

Edit:Jia Jia Responsible editor:Wang Chen

Source:rmfyb.chinacourt.org

Special statement: if the pictures and texts reproduced or quoted on this site infringe your legitimate rights and interests, please contact this site, and this site will correct and delete them in time. For copyright issues and website cooperation, please contact through outlook new era email:lwxsd@liaowanghn.com

Recommended Reading Change it

Links