Question of non-statutory strict liability for injuries due to defect spinning bike

Supreme Court judgment 14 January 2019, HR-2019-52-A, (case no. 18-070984SIV-HRET), civil case, appeal against judgment

Spenst X AS, Sparebank 1 Skadeforsikring AS (Counsel Yngve Skogrand) v. A (Counsel Einar Ingvald Skrøder Lohne)

 

Justices: Øie, Møse, Bull, Ringnes, Lindsetmo 

A woman was injured after falling off a spinning bike at a fitness centre. The fall was caused by the breaking of the bike's saddle bolt. The Supreme Court found that the fitness centre was not liable for the injuries under the principle of non-statutory strict liability. The probability of being injured from using such a bike had to be regarded as low. The risk related to the use of a spinning bike was not larger than the risks otherwise incurred in daily life, in connection with leisure and fitness activities among others. Thus, there was no basis for strict liability. Judgment was given in favour of the fitness centre.