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My son was given rainbow acid "LSD" and I had to take him to the hospital by an employee of the gym where he works out at.

Miami, FL |

Is the gym responsible for the employees action. My son is a minor 17 years old, can I file lawsuit and sue the gym and seek some type of damages ?

Attorney Answers 10

Posted

I changed your practice area to personal injury as it would probably get you more answers. It is not my practice area, but the details will likely determine who is liable. It is very possible the gym can be responsible. I would make an appointment and talk to a personal injury or similar type of attorney and discuss your case. Most don't charge a consultation fee and work on a contingency basis. I hope your son is ok and good luck.

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Posted

You have described a criminal act. Contact the local police and tell them about what happened. Also, contact a lawyer and provide him/her more information about how this occurred.

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Posted

The gym's responsibility depends on the circumstances of how, and where, your son got the drug, but also you will want to review the gym contract to see what, if any, kind of liabiiity waivers there are. Its usually on the back of the contract in the middle of all the fine print.

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Posted

Possibly. More infö would be needed. Contact a personal injury attorney.

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Posted

Usually, the employer will offer the defense that the employee acted outside the scope of employment and they, therefore, are not liable. Also, often these people are independent contractors for wom the gym is only responsible under certain circumscribed circumstances. The gym might also be liable if they knew or had reason to know that the employee had a propensity for drug sales, distribution and or use. If they did not do an adequate background check, for instance, liability could attach. The contract between the worker and the gym will offer the specifics of their relationship, but a lawyer should review it to see what might not be enforceable. Any contract between your son and the club is either void or voidable because your son, being under 18, did not have the legal capacity to enter into a contract. In some cases this might even create a greater duty of care on the part of the club toward your son.

You should consult with a Miami personal injury lawyer to review the specifics. I will note, though, without minimizing your son's experience, that your son's damages do seem limited, as the effects of the LSD probably lasted no more than 12 hours.

We are serious lawyers for the seriously injured. I am a co-author of WEITZ ON AUTOMOBILE LITIGATION: THE NO FAULT HANDBOOK. The opinions expressed in this answer are not legal advice. These opinions are thoughts based on New York practice. We have no attorney-client relationship. Conducting a conversation with me through the avvo comments section does not create an attorney-client relationship. Past results are not necessarily indicative of future performance.

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Posted

These are very tough cases. You have to prove that this behavior was known by and approved by the gym and some how benefited the gym. I have cases now where we have to prove these elements in sexual assault cases. Good Luck.

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Posted

Hopefully your son is now ok. However, there are not enough facts to give an opinion. Consult a local personal injury attorney, most will give you a free consultation. Good Luck

This response is to provide general legal information and does not constitute legal advice nor should it be considered or viewed as forming any sort of attorney-client relationship and such information provided is viewable by the general public.

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Posted

We would need more facts to give you a proper answer. You should schedule a consultation with a personal injury attorney right away.

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Posted

Maybe. Even though the case is hard to prove, if an attorney crafts a well-written demand, the gym's insurance company may settle out-of-court. Your son also has issues with assumption of risk, so in Florida, comparative negligence will reduce his monetary recovery.

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Posted

Have a local lawyer investigate. Avvo has a terrific "find a lawyer" tool to find a top-rated Avvo attorney with a low contingency fee. Good luck.

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