Is an amusement park required to release a incident report of an injury?

I was at my weekly visit to Disneyland. I don’t remember what happened but I fell and knocked out 3 of my front teeth, dislocated my shoulder and ended up with a mild concussion. I have a history of epilepsy, however, no one can tell me if they witnessed me having a seizure. I have not had a seizure in more than 5 years so this is surprising to me and my neurologist. I want the incident report from Disneyland to see if there are any witness that can shed light on my injury. It makes a big difference on how my neurologist will change my treatment plan. As of now, we have called several times and Disneyland stated that they are not allowed to release this information. I need this information for my medical care.

Asked on June 28, 2017 under Personal Injury, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, they are not required to release it unless and only if you file a lawsuit (e.g. against Disneyland) and, in the course of that lawsuit, use one of the legal mechanisms of "discovery" (such as document production request, written "interrogatories" or questions, or a subpoena) to get the report. Only in the context of a legal action can you compel it's release.


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