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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I want to sue a manager of a health club. There was an incident

Resolved Question:

I want to sue a manager of a health club. There was an incident on the premises where another member of the club verbally threatened and abused me. I never reported it as it was late in the evening and everyone was busy at reception. Only one person there. The same night I got an email off the manager to see him When I got to the gym next. The next day the manager wasn't there. I was threatened again by the individual. We went outside the club not on company property and had an altercation.
I was suspended as well as the other member for a week and then re instated as the manager said after his investigation he could not find out who's fault it was and also the second incident he couldn't comment on as it was outside company property. Which it was.
In the letter it stated that either of us repeat the incident we will both have our contracts terminated. So second time no chance.
My question is that this also happened to another member with the same individual threatening him in December it was reported to the manager but in the managers words he never investigated the matter at all. He forgot he said. If he had done his job properly I wouldn't have been put in the same situation. Is my take on things. On his two strikes rule this individual contract would've certainly been terminated. I also had a witness that was standing right next to me that was not even questioned. Have I got a claim for negligence or something else ?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** Will help you.
What loss have you suffered please?
Customer: replied 1 year ago.
Well no financial loss. I just think he has a duty of care
Expert:  Ash replied 1 year ago.
He may do, but sadly you can't sue him - it would have to be the club, as the club is vicariously liable for any actions of their employee.
Then the purpose of going to Court is to put you back into the position you would have been in before anything happened. So if its a car accident for example and its £1000 to repair - that is your loss.
Here you have said you have no loss. Therefore even if you got it to Court and assuming you won, there would be no award. There has been no loss.
I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.
Can I clarify anything for you about this today please?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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Customer: replied 1 year ago.
No thank you

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