QUESTION

When the gym have to give me the incident report? What to do if the gym doesn't give me the incident report? Who is responsible for her injury?

Asked on Feb 12th, 2023 on Personal Injury - Florida
More details to this question:
My daughter does gymnastics. She was at practice when a teammate intentionally injured my daughter wrist. The next day of the incident, I asked for a meeting. Two days after, I asked for the incident report. I emailed them several times asking for both. About a week ago they sent me and email saying that they will let me know. It has been one month ,and I have not been able to have the incident report and the date of the meeting.
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2 ANSWERS

Personal Injury Attorney serving Orlando, FL
3 Awards
Incident reports are protected work product that the gym does not have to disclose to you. Additionally, as my colleague pointed out, the gym is not vicariously liable for the intentional acts of one of their paying customers, unless they have reason to believe or knew that this child that hit your child had a propensity to commit violence. However, it is possible that you may have a claim against the child's parents for Negligent supervision, if they knew that their child had a propensity to commit violence and didn't take steps or warn the gym when their child used their facilities. How badly was your child injured from the attack?
Answered on Feb 14th, 2023 at 3:18 AM

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Consumer Debt Collector Harassment & Abuse Attorney serving Tampa, FL
2 Awards
Incident reports are generally legal "work product" and do not have to be produced. Also, in 99% of cases - facilities are not not legally responsible for the intentional acts of other children. If your daughter was hurt badly, you will need to retain a lawyer to examine whether there is some liability on an insured or recoverable party.
Answered on Feb 13th, 2023 at 8:34 AM

All responses are NOT to be considered legal advice nor to be relied upon in any as such nor to establish any form of attorney/client relationship. Opinions expressed are solely informational and not a substitute for proper legal advice provided by a properly retained after thoroughly researching the issues presented.

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