Illustrative image shows a man exercising in a gym Drazen Zigic/Magnific/Disclosure A gym was condemned for moral damages after a student suffered an accident inside the establishment in Assú, in Rio Grande do Norte, with weight training equipment. He was hit in the face and needed seven stitches in his mouth. The sentence was handed down by judge Aline Daniele Belém Cordeiro Lucas, from the Special Civil and Criminal Court of the District of Assú. The compensation was R$5,000. ? Click here to follow the g1 RN channel on WhatsApp The name of the academy was not disclosed by the Court of Justice of Rio Grande do Norte. What happened In the process, the student claimed that after exercising he went to the exercise bike machine and that, when sitting down to rest, he was hit in the face by equipment that escaped the hands of another user. The student stated in the action that the establishment was undergoing renovations and the equipment was organized inappropriately, which would have reduced the safe space between the devices. The student immediately passed out and had a deep cut on his lower lip. The colleague who accompanied him provided first aid and took him to an Emergency Care Unit (UPA), where he needed seven stitches between his mouth and the philtrum. The student also reported in the action that he did not receive any assistance from the academy or its instructors, despite the accident occurring inside the establishment. Decision The academy did not dispute the occurrence of the accident, but claimed a lack of legitimacy to respond to the action and incompetence of the Special Civil Court, which was rejected by the Court, which recognized the consumer relationship established between the parties in accordance with the Consumer Protection Code (CDC). According to the Court, the establishment did not present evidence capable of demonstrating that it adopted all appropriate measures to organize the equipment or that it maintained sufficient supervision of employees. The ruling pointed out that article 14 of the CDC prescribes that service providers are objectively liable for failure to provide the service. "Thus, the party is objectively responsible for accidents that occur on its premises, even if the damage was caused by a third party (another student)", explained the judge. Moral damages: The judge understood that the situation went beyond mere everyday unpleasantness, since the lack of organization of the environment caused damage to the physical and emotional integrity of the consumer and, therefore, the conviction was for moral damages. Material damage: She rejected the conviction for material damage, pointing out that there was not sufficient proof of the losses alleged by the author, which is why the request was denied. Most watched videos on g1 RN