TJDFT: Academy found guilty for failing to provide assistance to student injured in Muay Thai class | legislation

The writer stated that, on April 15, 2024, she suffered a serious injury while exercising under supervision. After the accident, she underwent emergency surgery and missed work for approximately six months. During this period, he received benefits from the National Social Security Institute that were less than his usual wage, causing a financial loss. The consumer claimed that she did not receive immediate assistance from the trainer or the company, which exacerbated her physical and psychological suffering.

In its defence, the Academy did not claim any civil liability and maintained that the author was aware of the risks inherent in playing sports. She stated that all activities are monitored by qualified specialists and that the accident resulted from improper movement or excessive effort by the student herself. The company also denied any negligence in providing assistance and doubted the existence of compensable material and moral damages.

During the procedural instructions, one of the witnesses confirmed that after the incident, the teacher checked the situation, but the class continued normally while the student remained sitting in a chair. The statement confirmed that no other person responsible or responsible for the gym provided assistance to the consumer.

When analyzing the case, the judge based his decision on the Consumer Protection Law, which determines the objective liability of the supplier for defects in the provision of services. According to the judge, “failure to provide adequate assistance constitutes a failure to provide a service, which constitutes objective liability.” In the decision, the judge stressed that the duty of safety and assistance to the consumer during the implementation of the contract remains in place, even in the face of the risks inherent in practicing sports.

The arbitrator ordered the Academy to pay R$5,828.35 in lost earnings, an amount equivalent to the difference between the author’s usual wage and the National Institute of Social Security benefits he received while on leave. As for moral damages, the judge set compensation in the amount of R$3,000, an amount considered sufficient to compensate for the physical and psychological suffering to which he was exposed, without constituting unjustified enrichment. The decision may be appealed (Case No. 0700274-41.2025.8.07.0012).