Man who fell and hit his head in gym settles case for €925,000

High Court reporters

A Limerick man who fell and struck his head while working out in a gym has settled a High Court action for €925,000.

Chemical analyst Alan Hogan had been doing dead lifts with weights in the gym at St Michael’s Rowing Club, Limerick city, when he felt light headed, Mr Justice Paul Coffey was told.

Mr Hogan was walking away from the area and down a step when he got a leg cramp, lost balance and fell down onto a concrete floor, the court head.

He lost consciousness and had suffered a bleed to the brain. Mr Hogan had to spend 12 days in hospital, his counsel Moira Flahive SC told the court. She said Mr Hogan, who was aged 24 at the time of the accident in 2014, had a degree in chemical and forensic science but in the last eight years has only been able to work in part-time jobs and suffers from fatigue.

Alan Hogan (35), of North Circular Road, Limerick city, had through his mother, Una Hogan, sued the committee of St Michael’s Sporting Club, known as St Michael’s Rowing Club, with a clubhouse and registered address at O’Callaghan Strand, Limerick city, over the accident on January 31st, 2014.

Ms Flahive told the court the mats which would normally have been on the floor had been removed because the River Shannon had been expected to flood.

The settlement is without an admission of liability.

Ms Flahive said it was their case that the step near the weight lifting area was a danger and Mr Hogan had fallen onto an unprotected concrete floor. She told the judge there was a number of difficulties in the case, including a claim that it was statute barred.

The rowing club also contended that while Mr Hogan had been a member of the gym, at the time of the accident his membership had allegedly lapsed and he had been allowed in by somebody who knew him.

In the proceedings against St Michael’s Rowing Club, it was claimed there was a failure to design the gym and in particular the weights area with any reasonable care and there was a failure to maintain the premises with any reasonable care.

It was further contended there was a failure to maintain a safe floor surface and in particular to provide a floor that was soft footed or padded.

There was, it was further claimed, a failure to give any adequate warning that the floor was a danger.

The claims were denied.

After he fell on the floor, Mr Hogan was brought to hospital where a CT scan showed a brain bleed and he was drifting in and out of consciousness and complaining of severe headaches.

He was in hospital until February 12th. He recovered physically but had a number of difficulties, including ongoing fatigue.

Approving the settlement, Mr Justice Paul Coffey said he was satisfied there were very stark issues in the case and in relation to liability. In the circumstances, the judge said the settlement was fair and reasonable. He wished Mr Hogan man all the best for the future.