Alembert
Alembert
Joined: Jan 14, 2013
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April 21st, 2014 at 1:58:41 PM permalink
I know this may not be the most appropriate venue to look for legal advice, however I have always been very impressed with the depth of knowledge and experience in the membership of this forum.

I very recently took a major injury, ruptured Achilles tendon. The injury occurred at an entertainment venue, jumping on trampolines. While the attendant did present a disclaimer to my daughter, I never saw nor signed it. I also learned after the fact that I am dramatically above the maximum weight limit allowed for participation.

I have never taken an injury before, and am wondering if there is any value in pursuing a personal injury claim. Reconstructive surgery is mandatory, I will be out of work for 6-12 weeks.

Any advice or insights would be greatly appreciated.
Buzzard
Buzzard
Joined: Oct 28, 2012
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April 21st, 2014 at 2:11:12 PM permalink
I can tell from past experience, go for the most damn expensive lawyer you can find to take your case on contingency. He's got the biggest fanciest office and biggest staff cause he is a winner. Aceofspades should be along later. Hopefully he is out learning a new count system !!!!!!
Shed not for her the bitter tear Nor give the heart to vain regret Tis but the casket that lies here, The gem that filled it Sparkles yet
Zcore13
Zcore13
Joined: Nov 30, 2009
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April 21st, 2014 at 2:23:02 PM permalink
How about taking some personal responsibility and not suing at all?

Did the owner or any employees of the business cause you to be overweight?
Did the owner or any employees of the business force you to jump on the trampoline.
Did the owner or any employees of the business cause you to land wrong?
Was there a deficiency in the equipment or service provided to you?


ZCore13
I am an employee of a Casino. Former Table Games Director,, current Pit Supervisor. All the personal opinions I post are my own and do not represent the opinions of the Casino or Tribe that I work for.
kmumf
kmumf
Joined: Jul 5, 2011
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April 21st, 2014 at 2:25:35 PM permalink
Zcore for the win! Bad things happen and when they do don't assume someone owes you anything.
Sonuvabish
Sonuvabish
Joined: Feb 5, 2014
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April 21st, 2014 at 2:29:51 PM permalink
Quote: Alembert

I know this may not be the most appropriate venue to look for legal advice, however I have always been very impressed with the depth of knowledge and experience in the membership of this forum.

I very recently took a major injury, ruptured Achilles tendon. The injury occurred at an entertainment venue, jumping on trampolines. While the attendant did present a disclaimer to my daughter, I never saw nor signed it. I also learned after the fact that I am dramatically above the maximum weight limit allowed for participation.

I have never taken an injury before, and am wondering if there is any value in pursuing a personal injury claim. Reconstructive surgery is mandatory, I will be out of work for 6-12 weeks.

Any advice or insights would be greatly appreciated.



This is not legal advice.

Whether or not an injured party has any recourse is highly dependent on the exclusions in the disclaimer, and whether such exclusions can be legally disclaimed. Disclaimers often stand alone acting as waivers of liability, where they sometimes are ineffectual and an easy mode of attack. But they need not be signed to act as conditions in a quasi-contract or a license. Your daughter seeing the disclaimer, and you not seeing it, raises questions like how you knew there even existed a disclaimer. It seems probable that you had constructive notice of the terms of the disclaimer, or at least, that a court would render that as a fact. You need not see it if you already know; the law does not reward hyper-technicalities like it does on TV. You also may have been guilty of contributory negligence in a jurisdiction which recognizes such a defense, because you should have known you were over the weight limit if it was so dramatic. In a comparative negligence jurisdiction, this may reduce your reward rather than completely zero it out.

It may be worth your time to attempt to strong arm the locale into giving you some pittance to offset your bills. But pursuing a full claim is almost certainly not, in my opinion. I am assuming there was nothing unusual or defective with the equipment. I really cannot say whether it is unusual that a person your size cannot jump on a trampoline. If this was an unusual or defective trampoline, then your case is much stronger.
Buzzard
Buzzard
Joined: Oct 28, 2012
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April 21st, 2014 at 2:29:55 PM permalink
" I also learned after the fact that I am dramatically above the maximum weight limit allowed for participation."


Yeah just keep the chumps money !!!!
Shed not for her the bitter tear Nor give the heart to vain regret Tis but the casket that lies here, The gem that filled it Sparkles yet
onenickelmiracle
onenickelmiracle
Joined: Jan 26, 2012
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April 21st, 2014 at 2:34:24 PM permalink
Sounds way too complicated but anything is possible with a lawyer. Negligence is all about what reasonable people would expect, so it would depend on what you/they knew or should have known. I don't think I'd give an adult too much sympathy for getting hurt on a trampoline myself unless I learned something quite strong such as you were hurt because it broke.
I am a robot.
FleaStiff
FleaStiff
Joined: Oct 19, 2009
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April 21st, 2014 at 2:36:48 PM permalink
See a personal injury lawyer.
There should be no charge for the first thirty minutes.
See if he will take it on a contingency basis.
If not, you have a decision to make:
What will reconstructive surgery cost you.... will it be 100 percent restorative of function and feeling?
How over is 'dramatically' since this means it was obvious to the attendant and he kept his yap shut.
Even if your boss says he will pay you... if you do lose wages, sue.

Remember... if you were the owner of the venue no matter how much you wanted customers to be responsible for their own actions they would in fact sue you at the drop of a hat.

Their insurance will probably pay your bills and your lost wages if you waive any claim for anything beyond compensatory damages.

If you ask for punitive damages at trial due to the attendant's behavior, poor signage, etc.... its likely they will settle on a favorable basis.
treetopbuddy
treetopbuddy
Joined: Jan 12, 2013
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April 21st, 2014 at 2:37:23 PM permalink
Quote: Alembert

I

Any advice or insights would be greatly appreciated.



Suck it up pal, s*** happens.
Each day is better than the next
FleaStiff
FleaStiff
Joined: Oct 19, 2009
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April 21st, 2014 at 2:40:38 PM permalink
Quote: treetopbuddy

Suck it up pal, s*** happens.


Yes. Shit happens.
Inadequate signage is shit.
Small type is shit.
Inattentive attendants is shit.

Suck it up pal? Once an injury is involved....there are no longer any pals.

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