Penza regional court refused compensation to woman fallen from bicycle
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Penza, 12 November 2014. PenzaNews. Penza regional court reversed the decision of Leninsky district court of Penza from August 26, 2014, according to which the woman who fell from a bicycle in sanatorium “Chistye prudy,” was to receive 15 thousand rubles of compensation for moral damages, with a 7,500-ruble fine to the sanatorium.
“In the claim, the plaintiff stated that on May 1, 2014 she and her friends were in a recreation center in Ramzay village, Mokshansky area, where they rented bicycles from LLC ‘Sanatorium Chistye prudy.’ While riding she wanted to break before the iron barrier, but was unable to do so, which resulted in bodily injuries. The woman believes that this event occurred due to the fact that sanatorium employees did not instruct her how to use a bicycle with faulty brakes,” Natalia Bychenkova, Penza regional court spokesman, informed PenzaNews agency.
She added that the company representative did not agree with the decision of the district court, and filed an appeal.
“In the end, the appeal was allowed, and the decision of the district court was reversed due to the lack of a causal link between the actions of the resort and the injuries received by the plaintiff. In addition, the bicycle was rented by the plaintiff’s friends, which indicates the absence of a contractual relationship with the defendant. Furthermore, no evidence confirming the fault of the vehicle was presented. The court’s decision has come into force,” the agency interlocutor explained.