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Plaintiff seeks damages from yoga business, instructor for injuries


April 23, 2012   by Canadian Underwriter


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It was all the wrong moves for a British Columbia woman who claims her right hip and leg injuries resulted from being negligently physically manipulated by an instructor during a yoga class in April 2010.

Amanda Jones, a lifeguard and fitness instructor, filed a notice of civil claim in the Supreme Court of British Columbia against Desiderata Services Inc., doing business as Bikram Yoga, and Jane Doe, an unnamed yoga instructor and employee, agent or contractor of the business.

Jones seeks from each of the defendants damages for non-pecuniary loss, loss of income and special damages for past and future expenses; damages for recovery of health care services; and associated interest and costs, notes the claim, dated Apr. 17, 2012.

Jones alleges that while posing during a yoga class at the company’s studio in Richmond, B.C, an instructor manipulated her right leg, resulting in her injuries.

The allegations contained in the statement of claim have not been proven in court.

The claim submits that Bikram Yoga failed to properly supervise its instructor, failed to hire qualified instructors and failed to put in place policies regarding instructors’ physically manipulating students.

The instructor physically manipulated Jones’s leg in a negligent manner, without being properly qualified or trained to do so, and failed to warn the plaintiff of risks associated with said manipulation, the claim states. Therefore, the plaintiff believes Bikram Yoga is vicariously liable for the actions of the instructor.

The plaintiff claimed she suffered injury and damages as a result of the breach of duty of care, adding the injuries have caused and will continue to cause, pain, suffering and loss of enjoyment of life.

If served a civil claim in Canada, a defendant’s response must be filed and served on the plaintiff within 21 days after that service.


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