Answer

The time within which you can sue the individual and/or the gym is 3 years from the incident. You have a good case against the individual. As for the gym....employers are responsible for acts of their employees committed during their employ and part of the employment. So if an employee was negligent say in cleaning up a floor and you slipped and fell..you'd probably have a case against the employer.

This is not so when the employee has engaged in an INTENTIONAL act like assault and battery here which is clearly not part of the employment. You can sue the gym on different theories if you can prove it....eg...they knew or should have known of the guy's criminal background for acts of violence and hired him anyway........or the guy assaulted customers before and should have been fired.

rich