Joined Dec 2008
L10: Grand Master
Forum Thread
SD lawyers- question here
August 20, 2012 at
11:16 AM
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Long story short.
Bachelorette party last year. Girls drinking.
Girl was not drinking too much to get hammered.
Girl likely had drink spiked by guys.
Girl starts dancing on music stage for bands with other girls allowed by bar.
Girl passes out and face plants off the stage busting nose and teeth.
Girl goes to hospital - bar apologizes and promises to never let anyone dance on the stage again.
Girls insurance only covers so much of cosmetic repairs so girl decides to sue bar to cover the rest of the medical bills.
Case or no case?
Bars lawyers are trying to make a personal attack on girls character saying shes a crazy drunk and it will likely go to trial without a settlement.
Bachelorette party last year. Girls drinking.
Girl was not drinking too much to get hammered.
Girl likely had drink spiked by guys.
Girl starts dancing on music stage for bands with other girls allowed by bar.
Girl passes out and face plants off the stage busting nose and teeth.
Girl goes to hospital - bar apologizes and promises to never let anyone dance on the stage again.
Girls insurance only covers so much of cosmetic repairs so girl decides to sue bar to cover the rest of the medical bills.
Case or no case?
Bars lawyers are trying to make a personal attack on girls character saying shes a crazy drunk and it will likely go to trial without a settlement.
108 Comments
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But guys aren't allowed up on the stages.
1. Get paid. A legal education and passing the bar ain't cheap.
2. Make sure that if you get paid you keep the money (don't commit malpractice)
3. If someone is going to jail, make sure it ain't you.
Also:
I realize I used the word "ain't", it was intentional.
This case would turn on negligence and the business/property owner's duties to the patrons/business licensees with regard to the state specific case law on duties. The court would also consider causation and the statute of limitations (how long since the accident), the awareness of the staff of the dangerous condition, how high the stage was (obviously 6 inches would be diffwrent than 6 feet), the last clear chance doctrine, trespass, libel and slander issues (saying an idiot is an idiot/whore/etc will cause problems), etc . With regard to your question, I highly suggest they hire a competent attorney. Also, I am not an attorney for anyone here and THIS IS IN NO WAY to be construed, in any manner or relationship, legal advice in any form. Anyone reading this shall not rely on anything I said and no attorney client relationship nor any privleges of confidentality shall arise from this statement.
Good luck. Also, typed on my iphone so apathetic on rereading to correct spelling probs, i am not gonna bother rereading this
1. Get paid. A legal education and passing the bar ain't cheap.
2. Make sure that if you get paid you keep the money (don't commit malpractice)
3. If someone is going to jail, make sure it ain't you.
Also:
I realize I used the word "ain't", it was intentional.
This case would turn on negligence and the business/property owner's duties to the patrons/business licensees with regard to the state specific case law on duties. The court would also consider causation and the statute of limitations (how long since the accident), the awareness of the staff of the dangerous condition, how high the stage was (obviously 6 inches would be diffwrent than 6 feet), the last clear chance doctrine, trespass, libel and slander issues (saying an idiot is an idiot/whore/etc will cause problems), etc . With regard to your question, I highly suggest they hire a competent attorney. Also, I am not an attorney for anyone here and THIS IS IN NO WAY to be construed, in any manner or relationship, legal advice in any form. Anyone reading this shall not rely on anything I said and no attorney client relationship nor any privleges of confidentality shall arise from this statement.
Good luck. Also, typed on my iphone so apathetic on rereading to correct spelling probs, i am not gonna bother rereading this
So many words...so little meaning.
Sadly that is true. Summation--> anyone who gives op a definitive answer is not a lawyer (not enough facts and no location --> illegal to give advice outside of licensed jurisdiction--> don't listen to anyone in this thread, as it is incompetent advice from a non-lawyer
QPLR
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FWIW, we looked through the photos last night and shes only seen with 2 drinks over a period of like 4 hours. And the few of her on stage she does not look intoxicated and is dancing next to several other girls that they also allowed up.
And also there were not any stairs to get up you had to climb up (this was how the bouncers told them to get up) and it was about 4 feet high.
Yes one of my friends gets pissed drunk NO MATTER WHAT, actually make that two of them, and we all end up babysitting at the end of the night. Its not our responsibility because he is an adult but because he is a friend.
Yes one of my friends gets pissed drunk NO MATTER WHAT, actually make that two of them, and we all end up babysitting at the end of the night. Its not our responsibility because he is an adult but because he is a friend.
I'm not saying to delete anything. The girl suing wants only certain photos given. I'm demanding my wife give them all, and she is going to.
Lastly, I've hung out with these girls a lot and she can drink responsibly just fine and knows how to handle it. It wasn't her first time to the rodeo you know
Yes one of my friends gets pissed drunk NO MATTER WHAT, actually make that two of them, and we all end up babysitting at the end of the night. Its not our responsibility because he is an adult but because he is a friend.
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And I still think the chick drank a lot more then 2 drinks, but that's besides the point.