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I'm seriously asking...what would you do

Skipper

TRIBE Member
So here's the sitch:

- at a nightclub on Friday night
- was standing in an area that was not high traffic, but certainly not marked off because it was a space required for DJs to go in and out of the DJ booth
- a 2 x 4 about 10 ft long was leaning against a wall near where I was standing
- the 2 x 4 fell over
- 2 x 4 hit my face just above my lip, nearly going right through into my mouth
- Went to hospital, 3 stitches required, scarring is inevitable but how much so will not be determined for 3-6 months when the healing is pretty much complete.

also...
Club gave me money for a cab and sent me on my way. I have not been contacted since.
One of the staff led me into the area where I was standing, I did not wander in there on my own. Even if I had, I thought it was safe to do so.
The club is undergoing renovations but remains open as usual.
I have pictures of before and after the stitches.
I was talking with someone when it happened and this person has said if I ever take legal action, they will speak as a witness if necessary.

Is it worth persuing? At first I thought no, not unless the scarring is really bad. But now that the shock has sort of worn off, and I have to go to work today looking like this, I'm pissed. I've never been in this kind of situation though and haven't the slightest clue how to proceed.
 
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Caz

TRIBE Member
you might have a bit harder time being awarded money than someone in the states who is in your shoes, but i think you are definetly entitled to something. (settlement, etc.)

IMO anywayz
 

Littlest Hobo

TRIBE Member
3 stitches ain't so bad. You'll still look purty. :)

I'd speak to a lawyer. If you were there in a DJ capacity, and you want to sue, would clubs be eager to book you? Food for thought. Sorry to hear about this.
 

marcinm

TRIBE Member
i'm just curious how you didn't see the 2x4 coming straight for your head.. didn't you try to move or anything?

but if you got hurt, and it's negligence on their behalf... you should get some sort of settlement.. esp if there's permanent scarring.
 

lucky1

TRIBE Member
I would say you should contact a lawyer. Why did the club have a 2 x 4 leaning randomly on the wall? Did anyone see the incident? Did you get any names?

You should be entitled to damages. I mean come on. It's you face, and you will have a scar. Sorry to say but this is pretty much for sure.

Sorta related but not really, my friend was at Pizza nova and ordered a panzo when she went bite into it the bottom exploded and she got 2nd/ 3 rd degree burns on her hand from the cheese. She got a lawyer and they settled out of court for a nice amount.

Man that is just bad luck. I'm really sorry to hear that happened to you.:(
 
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vinder

TRIBE Member
wow, sorry to hear about that sarah :( speak to a lawyer, see what your options are. one issue you might have is if you do take legal action that might strain relations with said club if you ever wanted to play there again (if you actually would want to play there, that is). not sure how important that is to you, but it's something you might want to consider.
 

lucky1

TRIBE Member
In my friends case the lawyer worked where they don't charge you anything but they take a percentage of the total settlement. This may be the way to go. I forget what this is called.
 

Booty Bits

TRIBE Member
Originally posted by lucky1
In my friends case the lawyer worked where they don't charge you anything but they take a percentage of the total settlement. This may be the way to go. I forget what this is called.

ambulance chasing.
 

gasper

TRIBE Member
I think too many sue too many too often.

Unless this incident cause real long-term pain and suffering, I would be inclined to chalk it up to bad luck and move on.
 

Booty Bits

TRIBE Member
although i dont really support suing in most instances, i do think that its the responsibility of the club to ensure the safety of its patrons (and its guest DJs).
there shouldn't be random bits of construction material left out in the club if they are choosing to stay open during their renovations.
i'd say you have a fairly good chance of getting some money.
 
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Skipper

TRIBE Member
Originally posted by lucky1
I would say you should contact a lawyer. Why did the club have a 2 x 4 leaning randomly on the wall? Did anyone see the incident? Did you get any names?

It came from the side. I was standing at a corner (ie where 2 walls meet - but I wasn't IN a corner - hard to explain without some sort of diagram) so when it fell, it slid against the wall and hit the side of my face, near my lip.

I was speaking with one person when it happened who saw the entire thing. Later, a resident DJ and the manager came over and I explained what happened. The remaining 2 x 4s leaning against the wall were put down on the floor.

I have thought about whether I want to play there again (I was not playing the night it happened), and how any action would affect that - to me, it doesn't really matter. If I am going to have an inch long scar right in the middle of my face for the rest of my life, getting future gigs at this one venue isn't the bigger issue.
 

squirrely

TRIBE Member
Originally posted by gasper
I think too many sue too many too often.

Unless this incident cause real long-term pain and suffering, I would be inclined to chalk it up to bad luck and move on.

i agree. i think that people are too quick to a) look for people to blame and b) look for ways to make a quick buck, but in this case i think that booty bits is right: the club SHOULD be held responsible. take legal action if you are motivated enough, if only to make a point.
 

IgStar

TRIBE Member
Originally posted by Booty Bits
although i dont really support suing in most instances, i do think that its the responsibility of the club to ensure the safety of its patrons (and its guest DJs).
there shouldn't be random bits of construction material left out in the club if they are choosing to stay open during their renovations.
i'd say you have a fairly good chance of getting some money.


yes. yes and more yes.

Totally agree.
 

Vote Quimby

TRIBE Member
Talk to the club first. Then if not resolved to your satisfaction, consider legal action.

Legal action should not be your first choice, but your last, when all else fails.
 

Astroboy

TRIBE Member
Sara,

All clubs have liablility insurance for exactly this kind of a scenario. Don't worry about costing the club money, or have any pangs of guilt about taking money for what happened to your face.
Contact a lawyer, I can reccomend one if you need. I am sure the club, and their insurance company, will choose to settle, without ever needing to set foot in a courtroom :)

good luck!
 
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juice

TRIBE Member
Originally posted by Vote Quimby
Talk to the club first. Then if not resolved to your satisfaction, consider legal action.

Legal action should not be your first choice, but your last, when all else fails.
I dunno they already don't seem that concerned about the whole thing. Just giving her money for a cab and sending her on her way and not even bothering to contact her since?

Skipper: once again I wouldn't put much faith in what will be said here, just contact a lawyer. Also I really wouldn't talk about this on Tribe too much as I'm sure people will begin asking what club it was at etc etc. No need to slander the place in any further way just in case it gets really ugly down the road.
 

Bumbaclat

TRIBE Member
Originally posted by Skipper
If I am going to have an inch long scar right in the middle of my face for the rest of my life, getting future gigs at this one venue isn't the bigger issue.

it won't be the one venue, it will be most.... but I still say cash in. It's negligence, just make sure you can prove it before you file.
 

Caz

TRIBE Member
Originally posted by Vote Quimby
Talk to the club first. Then if not resolved to your satisfaction, consider legal action.

Legal action should not be your first choice, but your last, when all else fails.

they mose than likely won't take you seriously. Have a lawyer contact them before filing a suit.
 

noisy

TRIBE Member
Originally posted by Vote Quimby
Talk to the club first. Then if not resolved to your satisfaction, consider legal action.

Legal action should not be your first choice, but your last, when all else fails.
to add to this, contacting a lawyer does not equal "legal action", which I assume refers to suing.

things may not come to that, her lawyer may negotiate a settlement for her without going to court. In fact, her lawyer would likely see that outcome as ideal.

she probably wants her lawyer there for all steps of this process, to make sure she gets the compensation she deserves. if she tries to negotiate with the club by herself and takes a shitty deal from them, she's stuck with it.
 
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AdRiaN

TRIBE Member
Originally posted by gasper
Unless this incident cause real long-term pain and suffering, I would be inclined to chalk it up to bad luck and move on.
Taking legal action is not entirely about seeking compensation for your suffering, it's also about sending a message to the parties involved to be more careful in the future (i.e., when the incident might be more serious).
 

Skipper

TRIBE Member
Originally posted by Vote Quimby
Talk to the club first.

and say what? :confused:

I am with booty bits on this one...I'm not the person who likes the idea of sueing just to get a quick buck, but this was clearly the club's fault. This could have been prevented if the proper precautions had been taken.

edit:
What I really need to know are my options here...I've never been in this kind of situation before.
 

lucky1

TRIBE Member
Originally posted by Astroboy
Sara,

All clubs have liablility insurance for exactly this kind of a scenario. Don't worry about costing the club money, or have any pangs of guilt about taking money for what happened to your face.
Contact a lawyer, I can reccomend one if you need. I am sure the club, and their insurance company, will choose to settle, without ever needing to set foot in a courtroom :)

good luck!
exactly

ANd I would be a little iffy about aproaching the club on your own. it's always better to have a proffessianl opinion first.
 

Caz

TRIBE Member
Originally posted by Vote Quimby
Talk to the club first.

them: "we'll give you VIP passes to Bang!"
you: "yeah, then i wont feel so bad about being physically mutated by your negligence."
 

noisy

TRIBE Member
Originally posted by juice

once again I wouldn't put much faith in what will be said here, just contact a lawyer.
this quote should be placed at the top of all threads like these
 
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