Let's say you were a band playing a free concert at a mall. AFter the show, dodging a crush of teenage girls, you make it to the van and take off. One of the girls tries to hang onto the hood of the van, but gets thrown as the car accelerates. She winds up injuring her leg (sprained knee, maybe a broken knee). The question is, can she sue? Would she win? Would she sue the band, the driver, the mall, the record label? Could she win enough to wipe out the band's career?
For the musicians and lawyers among us
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Musician yes, lawyer no. (and btw? I really expected this to be a Warren Zevon thread) Oh, and I really did stay in a Holiday Inn Express last week.
Off the top, sure she can sue, any and all. Anybody can sue anyone these days.
However, the band could probably also mount a successful suit against the mall for not providing a safe performance environment, or some such.
I'm thinking the PR and potential internal conflict brought on by the event could also do some serious damage to the band's career. (Say if one of the members was driving the van and one of the others saw the girl fall away against a parking barrier or some such. You'd get accusations, guilt, infighting...)
Anyway, my two cents. (Good think I'm not a lawyer, huh? This would have cost $$$ AW bucks)
Off the top, sure she can sue, any and all. Anybody can sue anyone these days.
However, the band could probably also mount a successful suit against the mall for not providing a safe performance environment, or some such.
I'm thinking the PR and potential internal conflict brought on by the event could also do some serious damage to the band's career. (Say if one of the members was driving the van and one of the others saw the girl fall away against a parking barrier or some such. You'd get accusations, guilt, infighting...)
Anyway, my two cents. (Good think I'm not a lawyer, huh? This would have cost $$$ AW bucks)
I agree with Diana. There'd be lots of press if the band were famous enough, lots of back and forth public discussion of who was more to blame (band, girl or parents for letting her be there) but in the end the claim would settle and the band would rock on.
Since this is kind of a baby band, although on a major label, with negligible album sales, maybe just the threat of a lawsuit could cause the label to drop them.
It depends entirely on how much the label has invested in them. If they haven't spent a fortune in the studio, they may be dropped. If the album is recorded and in the can...they settle.
I'm not a lawyer but I Know My Law because I listen to this guy Bill Handel's radio show "Handel On The Law". For one, the "proper" way to start a lawsuit is sue everyone involved, and let the judge or jury sort it out. For example you might name the rental company the band rented the van from, though the judge would pretty quickly throw that part out.
Oh, and the girl would get hospital visits from the band, free albums, free tickets and backstage passes for life (with the life of the average band, this might be worth $50). She'd also be under a gag order, so she couldn't say anything to anyone other than "I LOVE <the band>" but all that free stuff is to make sure she doesn't mind that. Or on the other hand, if she and her parents appear sue-happy, she would not only be under a gag order, but under an order to never see the band and to stay a certain distance away from the members at all times. This would protect the band from being sued again in case she stubs her toe at a concert.
The amount sued for in the lawsuit would include the medical bills, which for a broken leg wouldn't be that much, and then probably for "emotional damages," bla bla bla, which would be for a lot more, but are a lot harder to get. Of course the largest possible damage would be to the band's reputation, thus the shenanigans and lawyer money the band spends would mostly be around protecting that. It appears the vast majority of people people settle (take a payoff and drop the charges before going to court) in such situations, and the lawyers will tell the girl and her parents they SHOULD settle and follow the gag order, once they have a "good" agreement.
If you want to make it a lot more dramatic and interesting, have her get her face cut and bruised badly so she has to have expensive reconstruction surgery. Make her the prettiest girl in school, as the prettier she is, the more money it's worth (Bill Handel said it, I believe it, so there). With that much money involved, it could easily wipe out the band's career.
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Hey PM,
If the girl was such a fan of the band that she held on to their van, a hospital visit by the popsters might ward off any legal action. You know the idea, smiles all round, pictures and autographs and things.
And if the girl is such a big fan, would she sue her heroes? You may have to consider that in the scenario.
Now, not being a lawyer, I'm not qualified to state any legal issues.
And, being a drummer, I don't even know if I qualify as a musician.
Regards
Whacko
If the girl was such a fan of the band that she held on to their van, a hospital visit by the popsters might ward off any legal action. You know the idea, smiles all round, pictures and autographs and things.
And if the girl is such a big fan, would she sue her heroes? You may have to consider that in the scenario.
Now, not being a lawyer, I'm not qualified to state any legal issues.
And, being a drummer, I don't even know if I qualify as a musician.
Regards
Whacko
But she's a teen, she's probably under 18, and couldn't sue on her own if she wanted to. Her parents, who may have been against her having anything to with this band even before the accident, would sue on her behalf, perhaps even against her wishes. A lawyer would bend her ear and explain why they "need to be sued."
Resists repeating drummer jokes.Now, not being a lawyer, I'm not qualified to state any legal issues.
And, being a drummer, I don't even know if I qualify as a musician.
Regards
Whacko
As a follow up to this question, about how long would it take before the band would hear about the lawsuit? The next day, the next week? Would six months be too long?
Hey PM,
If the girl was such a fan of the band that she held on to their van, a hospital visit by the popsters might ward off any legal action. You know the idea, smiles all round, pictures and autographs and things.
And if the girl is such a big fan, would she sue her heroes? You may have to consider that in the scenario.
Now, not being a lawyer, I'm not qualified to state any legal issues.
And, being a drummer, I don't even know if I qualify as a musician.
Regards
Whacko
You don't. Sorry, couldn't be helped.