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Nixon_ Forever
06-07-2009, 05:32 PM
It was dark and I fell down the stairs and hurt my foot at a strip club while leaving the job (I'm a dancer). I walked on it for over a week but I couldn't work because of the pain. When I finally went to a doctor they tell me its broken. My mom, grandmother and aunt think I should sue the club for medical expenses since I was injured on their property. Unfortunately I don't have health insurance. My parents tell me it won't hurt the club financially because they should have insurance, but I would feel bad suing someone. Since we are independent contractors, I don't know how that will work out anyway. What should I do?

hockeybobby
06-07-2009, 06:16 PM
You should probably get some legal advice. Many lawyers will give you a free half hour consultation. Find out if you have a case, what your chances of winning are, and what it could potentially gain, or cost you.
Good luck.

Ms. Mia Roberts
06-07-2009, 06:21 PM
It was dark and I fell down the stairs and hurt my foot at a strip club while leaving the job (I'm a dancer). I walked on it for over a week but I couldn't work because of the pain. When I finally went to a doctor they tell me its broken. My mom, grandmother and aunt think I should sue the club for medical expenses since I was injured on their property. Unfortunately I don't have health insurance. My parents tell me it won't hurt the club financially because they should have insurance, but I would feel bad suing someone. Since we are independent contractors, I don't know how that will work out anyway. What should I do?

That happened at delilahs?

pornlaw
06-07-2009, 06:29 PM
You can try to make the argument that you are an employee and thus covered by workers compensation. In the alternative you can claim that the stairs were defective in some way... not enough lighting, loose carpet/brick, no handrail ... and/or the club was negligent in maintaining the stairs and you could recover under their general liability/property insurance.

Either way.... good-luck.

Nixon_ Forever
06-07-2009, 09:09 PM
That happened at delilahs?

Yes it did. Girl, on my 3rd day there. This sucks. I have to see a podiatrist soon so hopefully everything will be ok (hopefully a quick healing time) and I can get back to work.

Ms. Mia Roberts
06-07-2009, 09:18 PM
Yes it did. Girl, on my 3rd day there. This sucks. I have to see a podiatrist soon so hopefully everything will be ok (hopefully a quick healing time) and I can get back to work.

delilahs is a big well known club, so its gonna def be harder to sue them them than just any old club

did you check with management to see if they would just cover medical bills?

Britney_B
06-07-2009, 10:21 PM
The exact same thing happend to me at a club in Chicago. I was out of work for 6 wks and I didn't return to work for another two months. I didn't sue or anything.

Nixon_ Forever
06-07-2009, 10:38 PM
Yeah, I don't want to sue anybody. I figure shit happens, but my folks aren't so easy to convince.

Ava_USMc
06-07-2009, 11:46 PM
Id worry about suing. This industry is so 'behind closed doors' so to speak Id worry it could cause more damage than its worth. If they did something totally wrong (broken stairs, or other unsafe conditions) Id say go for it, but in this instance Id suck it up.

Earl_the_Pearl
06-08-2009, 01:04 AM
The pimps are the ones that really make out in this business; it was ever thus.

Marilynxoxo
06-08-2009, 09:11 AM
Nixon- was it that really dark stairwell we use to enter and leave? I almost always trip on my way in. Did you talk to management? They seem pretty professional- with out suing or talking to a lawyers you might be eligible to have your medical bills paid. I hope you feel better!

bem401
06-08-2009, 09:39 AM
Here is something to consider : are you able to prove it happened when and where you said it happened? You did say you continued walking and working on it for a week afterwards. My guess is the club will try to deny it happened when and where you said it happened unless you got medical attention on the spot or filled out some report at the time.

Ms. Mia Roberts
06-08-2009, 09:55 AM
You better just talk to the club and be really nice and professional about it, ask if they can pay your medical bills, and leave it at that.

don't threaten to sue....cause i'm 90 percent sure you wouldn't win and it would be more trouble then help.

anacol
06-08-2009, 10:36 AM
Well, Me and my friend got robbed and hit with a bat at one of ricks clubs before in Houston. I ended up with a broken bone in my hand and we got a lawyer and sued the company for all my medical bills, pain and suffering, etc. It can be done, if proven, they had video tape and everything that was given to my attorney showing the robbery and the police were called on the scene, and 911 because she had bruises and cuts and my hand was swollen so large. I hope you have a good lawyer and evidence, because it does take a while to settle on something.:)

Ms. Mia Roberts
06-08-2009, 10:42 AM
Well, Me and my friend got robbed and hit with a bat at one of ricks clubs before in Houston. I ended up with a broken bone in my hand and we got a lawyer and sued the company for all my medical bills, pain and suffering, etc. It can be done, if proven, they had video tape and everything that was given to my attorney showing the robbery and the police were called on the scene, and 911 because she had bruises and cuts and my hand was swollen so large. I hope you have a good lawyer and evidence, because it does take a while to settle on something.:)

I don't think there are cameras in that stairwell,

and like someone said before, she didn't act immediately so there isn't substantial evidence really.

So her chances are alot more slim than yours

anacol
06-08-2009, 10:45 AM
I don't think there are cameras in that stairwell,

and like someone said before, she didn't act immediately so there isn't substantial evidence really.

So her chances are alot more slim than yours


Well, she may have to just take it as a loss, but should inform the managers of the situation and talk to them about what they can do to help her out. IF they're not willing, I would just leave and go somewhere else. Because chances are, if they don't do anything, it'll happen to someone else and they will take action and sue the club and that'll be when they do something about the stairway. I hope the best for her.:)

Melonie
06-08-2009, 02:15 PM
You did say you continued walking and working on it for a week afterwards. My guess is the club will try to deny it happened when and where you said it happened unless you got medical attention on the spot or filled out some report at the time.

Yup ... without an official report of prompt medical treatment immediately after the accident occurred, and without some 'hard evidence' that the injury was actually sustained when and where you say it was sustained, any local yokel judge is going to 'laugh' at your lawsuit. After all, in the minds of most local yokel judges and juries, all strippers are 'lying, thieving, drug addicted whores who would say or do anything on their own behalf'. Hell, there's yet another mainstream news story today (out of Atlanta - see different thread) that proves the judge's assumption about strippers is true !

And even if there were incontrovertible proof that the accident happened on a stairway at the club, the defense will undoubtedly raise the 'reasonable doubt' issue that you yourself were under the influence of alcohol / drugs at the time the accident occurred, and thus responsible for causing your own accident ( which in the absence of a timely hospital blood test will be all but impossible for you to 'disprove').

Zofia
06-08-2009, 03:12 PM
There are three separate and distinct issues at work in this thread.

1. Club Strict Liability: I.E. Workers Compensation. If this had happened in Indiana, the answer would be simple. Strippers are not and cannot be anything other than employees for purposes of proceedings before the industrial board. Thus, your only remedy would be workers compensation. You cannot sue. But, if the club does not have a WC certificate of insurance or attempts to deny your claim because you are "an independent contractor", you get double damages! Woo Hoo! Since this happened in Philly, I think, you will need to talk to a Pennsylvania lawyer to find out how they handle workers compensation.

2. Negligence: A landowner or in the case of a landlord and tenant contract that says otherwise, owes a duty of ordinary care to people on its premises. Different states handle business invitees, guests and trespassers differently. But, the general rule is you have to be able to prove that the club violated its duty to you by not cleaning the stairs, maintaining them in good repair, fixing the lights, having enough lights, something like that. Then, and only then can you collect. But, here's the good part, a negligence action usually gets you much more than workers compensation. The downside is, the legal fee is higher. Still, I have no problem paying professional who make me money. A good lawyer will make you money and is worth his fee.

3. Proof. There may be proof problems. But, believe me, I have been in the corporate world long enough to know that our workers comp carriers have paid out on some pretty weak claims. Remember, anything they claim about you, they have to prove. You don't have to disprove it.

The bottom line is this: talk to a good plaintiff's personal injury lawyer in the state where this happened. They will tell you in a heartbeat how good your case is.

HTH
Z

Nixon_ Forever
06-08-2009, 09:36 PM
You guys are amazing - so much advice. Thank you. The only reason I didnít seek medical care immediately was mainly because I donít have health insurance, and I had never been to Philly b4 so I didnít know where a hospital was or how the system works there and I honestly thought I would get better later that night. Because it was only my 3rd night there I actually wasnít drinking. And I think Iím probably one of those rare people who have never done any drugs.



You did say you continued walking and working on it for a week afterwards.


- I didnít work for a week with my foot hurt but I walked around on it Ė to the bathroom, shower, and refrigerator Ė thatís all.
After 2 days without my foot getting better I spoke with the house mom and she suggested I go to Penn Hospital but when I called them they couldnít see me until July. Since I was leaving in a week that wasnít helpful but the hospital lady gave me 2 other numbers to call Ė one wouldnít see me because I didnít have health insurance and the other was somewhere called King of Prussia Ė I donít know what/where that is but I was told itís a 30+ minute drive Ė I couldnít make that at the time.

I donít and Iím not going sue anyone, but this is so good to know. Now I have a better way of explaining why I donít want to sue the club to my family.

susie2
06-09-2009, 05:49 PM
I thought most dancers signed a contract stating that the club was not responsible for injuries that happen on their properties. I also recall a line stating that if an attempt at lawsuit was made, either received do to independant contractors mistake or from independant contractors claim, the independant contractor is responsible for their legal fees. so even if ya win, your fucked.

anacol
06-09-2009, 05:59 PM
I thought most dancers signed a contract stating that the club was not responsible for injuries that happen on their properties. I also recall a line stating that if an attempt at lawsuit was made, either received do to independant contractors mistake or from independant contractors claim, the independant contractor is responsible for their legal fees. so even if ya win, your fucked.

I don't remember reading that on the papers I signed which wasn't a lot. Every club is different. Some clubs, you don't even sign any papers they just let you start working.:)

callista
06-09-2009, 07:51 PM
I would suggest maybe talking to the club and see if they might be able to help you out..... Worst comes to worst, bring up the fact that other girls have had this issue themselves, and at the very least could they please put a light up or something....

Unfortunately, lawsuits are HARD, especially for us. It's one thing if it's like the chick that got beat by a bat, but otherwise.... yeah.

I'm really dubious of the club helping you out, honestly. If you would have limped into the office and asked for help, telling them you fell down the stairs in a dark area, it'd be different, i have no doubt about that. It doesn't hurt to ask, but you might lose your job. Sorry to be not very encouraging, but I'm just playing devils advocate.

I hope your ankle heals well, and quickly. And don't let your family talk yourself into something you don't want to do, they don't know the industry.

Zofia
06-10-2009, 05:37 PM
I thought most dancers signed a contract stating that the club was not responsible for injuries that happen on their properties. I also recall a line stating that if an attempt at lawsuit was made, either received do to independant contractors mistake or from independant contractors claim, the independant contractor is responsible for their legal fees. so even if ya win, your fucked.I have just that contract from one club in Indy. Not from the rest. However, if that one club is still using that contract, they are losing every injury claim because those contracts are proof that the club does not have workers compensation insurance to cover the dancer. No insurance is a bad thing before the board. First it means the business is presumed to be liable. Second it triggers an automatic double damages penalty. I am guessing that club has torn up those contracts.

Every state has its own rules about waivers of liability. Consult an attorney to see what your particular state rule is.

HTH
Z