‘Extreme physical activity’ photos on Instagram led judge to throw out €60k fall claim

Judge threw out fitness instructor's case and awarded costs against her

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3 August 2022 | 0

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A fitness instructor’s damages claim for personal injuries against the owner of Nutgrove Shopping Centre in Rathfarnham, was dismissed after she posted pictures of herself online engaged in extreme physical activities.

The 33-year-old claimed she injured her back at Nutgrove Shopping Centre, where she said she slipped on wet stairs and bumped down three steps.

Judge Sarah Berkeley in the Circuit Civil Court dismissed the €60,000 damages claim, stating: “I don’t believe her GP knew she was engaged in these activities and on the basis of the medical evidence of her own doctor she has exaggerated her injuries in court.” Kimberly Hynes’s case was subsequently thrown out and legal costs were awarded against her.

The court was shown pictures and videos of Ms Hynes taken from Instagram. These showed her jumping from a stand-still position onto tyres, exercising on a trampoline, and doing walks at the Hell Fire Club and on Bray Head, among other activities.

Hynes, of Mountainview Drive, Rathfarnham, Dublin 14 told the court that following the incident, she had undergone a number of physiotherapy sessions and after several months, had to give up her work as a fitness instructor and work as a secretary for a year before returning to her work as a physical instructor.

She added that said she had always been very fit and had engaged in the hobbies outlined to the court from before to the accident. As well as taking part in physiotherapy sessions, she had been advised to exercise.

However, on behalf of the defendant Hurley Property Icav it was suggested the extreme activities were not consistent with someone who had been suffering back pain.

 

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