Smart Fit ordered to pay damages after student injury in Minas Gerais

The Court of Justice of Minas Gerais (TJMG) has ordered the gym chain Smart Fit to pay R$ 10,000 in moral damages to a student who was injured at a facility in Governador Valadares.

The accident occurred while the student was using a calf raise machine. The student alleged that the fall was caused by a worn-out non-slip surface on the equipment and moisture on the floor, resulting in injuries to the cervical and cranial regions, as well as facial cuts. The injuries required a temporary medical leave from work.

Smart Fit had previously argued that the equipment was not defective and that the accident resulted from improper use by the student, noting that no assistance was requested from available instructors. While a lower court initially denied the claim due to a perceived lack of evidence regarding service defects, the 21st Civil Chamber of the TJMG overturned the decision.

Judge Luziene Barbosa Lima applied the Consumer Defense Code, stating that the gym is responsible for the safety of its services, which includes providing adequate guidance and supervision. The court noted that gym services extend beyond providing machines to include oversight compatible with the inherent risks of physical activity.