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Thread: Who knows anything about suing their club? (A bit long)

  1. #1
    Banned cherry_sin's Avatar
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    Default Who knows anything about suing their club? (A bit long)

    I need some help knowing if I can sue/who to go to to start paperwork/if it's even a viable case.

    Here's the story from last night:

    Some of you know that due to some things going on I'm dancing only two days a week. I needed something else to supplement my income and keep me busy. I took a bartending job at a bikini bar here in town.

    All week things have been going great. Cept for this mop. It's the bane of my existence. It weighs, no joke, forty pounds when wet. Le sigh. So, last night, big strong bouncer man says "You sweep, I'll mop." Sweet! But when the boss lady comes in, she goes, "Your mopping sucks." and I say, I'll fix it. Like a dumbass.

    I walk into the closet, and the mop is seemingly standing upside down in a corner. I grab it, and it's super heavy. I start to pick it up and all of a sudden I'm hit in the stomach and the face with *something* very painful. Something is hissing.

    I'm standing there dazed wondering WTF happened when Husband comes rushing in with the bouncer and the boss lady. Thank goodness it was closing time and he was there to pick me up.

    My shirt is ripped open from my stomach down. I have a huge gash the size of my middle finger and just as wide, and I am dripping blood. And it BURNS like a motherfucker. My eyes are burning. I have a cut on my forehead. That also BURNS.

    The fucking dumbass propped a forty pound mop upside down over an unmounted C02 tank. A five foot tall CO2 tank with exposed nozzles. KNOWING that little bitty me would have to lift it a foot over my head to clear it, if I even knew it was there, which I didn't. The mop was so heavy it pulled it over or got tangled in the valves (I'm not sure which.) Thus, the gash on my stomach. The cut on my forehead is from chipped tile. The thing fell hard enough to CHIP TILE. The gas was rushing everywhere, thus the hissing. And, presumably, the burning.

    Next day, I'm still hurting, badly. My stomach is cramping badly and I'm vomiting blood. I did go to the doc. Got a scrip for the pain and was told the bloody vomit was from the stress (I have ulcers). Internal bruising.

    Turns out after a little research it's illegal to have those tanks not chained to a wall. For a reason, apparently. OSHA req's are laws, right?

    Mostly I'm really shaken up, really hurting, and pretty damn angry that they'd leave a safety hazard like that, and not even warn me. I don't know if I have a case. I mean, it's not like I lost an arm or something.

    Do I have a case? Who do I go to? How do I find a lawyer?

  2. #2
    Featured Member noelle's Avatar
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    Default Re: Who knows anything about suing their club? (A bit long)

    Oh my goodness! I'm so sorry and glad you're okay!

    May I ask what area you're in? I have some resources in Washington state but past that I don't know much about suing a club.
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    Default Re: Who knows anything about suing their club? (A bit long)

    well whatever you do... just make sure it's worth it... I'd probably wait a while and see how all the medical stuff turned out...

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    Default Re: Who knows anything about suing their club? (A bit long)

    I'm in Oklahoma.

    Jester, I know if I sue I won't be able to work there. I don't WANT to work there anymore.

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    Default Re: Who knows anything about suing their club? (A bit long)

    Assuming you were legally and legitimately employed, I see no way that you don't have a case. Document! Photos! Witnesses! I'm not usualy for litigation, but in this case it is completely justified. Look into filing small claims- what is the statutory max for small claims in OK?

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    Default Re: Who knows anything about suing their club? (A bit long)

    Quote Originally Posted by cherry_sin View Post
    I'm in Oklahoma.

    Jester, I know if I sue I won't be able to work there. I don't WANT to work there anymore.
    Obviously... I meant more the cost if it doesn't work out, the emotianl strain which legal issues can take on a person... etc. plus depending on how the medical issue pan out it could not be worth much...

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    Default Re: Who knows anything about suing their club? (A bit long)

    Thanks.

    Yes, I'm employed, bartending rather than dancing. I'm going to "work" tomorrow so I can take pics of the unsecured-ness. Got some of my tummy already and there were like four girls plus Husband and the bouncer there that saw.

    Thanks for the responses. I just needed to feel validated, I guess. I over-react to things sometimes.

  8. #8
    cameron_keys
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    Default Re: Who knows anything about suing their club? (A bit long)

    Just reporting them might kill them The fines and costs involved in becoming OSHA compliant may very well shut them down. Add on a personal injury negligent lawsuit to that and they can kiss their ass goodbye. They will likely settle....and by law I dont believe they can fire you while a lawsuit is pending so,while you may not WANT to go back there...you will still have a job.

  9. #9
    Yekhefah
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    Default Re: Who knows anything about suing their club? (A bit long)

    Cripes, thank G-d you're all right! You're definitely entitled to worker's comp, and if you want to go beyond that just look on the back of the phone book for your area's most successful ambulance-chasing personal injury lawyer.

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    Default Re: Who knows anything about suing their club? (A bit long)

    Yeah, there's a guy on TV all the time (in the day slot during Maury and Jerry) that says you don't pay if you don't collect. I figure if he's making enough to do that and aiming at the audience who likes to sue for slipping on pee-pee at the Costco he'll be able to get me something.

  11. #11
    Yekhefah
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    Default Re: Who knows anything about suing their club? (A bit long)

    ^^^ Yes, but do be aware that he will keep a considerable portion of it.

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    Featured Member thechaosfairy's Avatar
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    Default Re: Who knows anything about suing their club? (A bit long)

    You went to the doctor, you took pictures, you're a bartender...

    You definitely have a case.
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    Default Re: Who knows anything about suing their club? (A bit long)

    Yeah, don't take the guy on TV. They charge an outrageous sum (those commercials are expensive.) Look in the phonebook and call around.

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    Default Re: Who knows anything about suing their club? (A bit long)

    Good point.

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    Default Re: Who knows anything about suing their club? (A bit long)

    Most personal injury lawyers work on contingency--meaning you don't pay if they don't collect. You can even work out a contingency arrangement with any lawyer, so it might be a good idea to ask around and see if anyone has had a good experience with one. I sued an insurance company when a bicyclist kamikazeed on my car and won a settlement of $5000. He kept half. I was referred to him by a criminal lawyer that a friend had had a good experience with.

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    Default Re: Who knows anything about suing their club? (A bit long)

    Contingency - thanks! That's so immensely helpful.

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