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Thread: Are they liable? (kinda long)

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    Featured Member avacheetahs's Avatar
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    Default Are they liable? (kinda long)

    Sunday night, shortly after I left the club at closing, two of our DJs were attacked by some thugs out in the parking lot. The gangster guys were friends with another DJ and the doorgirl, neither of which were working, but showed up at the end of work.

    No one knows why they were attacked, they were not robbed but the two were badly beaten and had a gun pulled on them. The police were never called by the club management.

    One of the DJs probably needs to go to the hospital, but is afraid of the medical costs. I told him to go to the minor emergency and to send the bill to the club.

    This really pisses me off b/c our club has security but lately hasn't been doing their job. the last 5 times I've worked, I had to walk myself to my car. I'm more than happy to tip security if they walk me, but they're never around. It's never been a problem, but now I'm kind of scared.

    To top it off, the DJ and the door girl who brought those people w/ them have only been suspended. I mean, what does it take to get fired at this club? Would a person actually have to die or get abducted or raped? How hard is it to find someone else to sit at the door and take money.

    I don't get it. Well anyway, heres my question. If something were to happen to me, would the club be liable for it due to the nonexistant security thing? Would they be responsible for my medical bills?

    If you've read this far, thank you. I appreciate your input.

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    Featured Member aviendha's Avatar
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    Default Re: Are they liable? (kinda long)

    Were the police called?

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    Featured Member avacheetahs's Avatar
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    Default Re: Are they liable? (kinda long)

    No, the police weren't called. I don't know why, but I suspect that it had something to do with the fact that the off-duty DJ and doorgirl brought them over.

    I'm still pissed that they weren't called, and I think that this makes the case for the club being liable for negligence.

    One of the DJ's who got beat up filed a report when he got home at his family's insistance, but I don't think much has come of it.

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    God/dess LuckiCharm's Avatar
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    Default Re: Are they liable? (kinda long)

    i say, for the record, make a complaint about the lack of security.

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    Featured Member Krazyjane's Avatar
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    Default Re: Are they liable? (kinda long)

    Go to another club. Leave the current one ASAP. They don't give a shit about you, and if you make a complaint, you're just a pain in the ass. I worked at a club where they didn't believe in bouncers. Things never got better.

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    Veteran Member azdd's Avatar
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    Default Re: Are they liable? (kinda long)

    In most states (I think TX is included), if the DJs were on the payroll as club employees, the club is required to provide worker's compensation insurance. Workcomp covers medical expenses and lost wages (as regulated by state law) that arise from injuries incurred in the course and scope of employment. Generally, coverage would apply if the injuries happen on the club's premises (including the parking lot). If the DJs are independent contractors, then the club has no obligation to provide workcomp coverage.

    As for club liability, in most states, if worker's comp coverage applies, then the employer is not liable for further damages unless it can be proven they were grossly negligent. If there is no workcomp for the DJs (or for you as a dancer), you can always file a negligence claim or lawsuit against the club owner to recover your damages. Of course, this will pretty much kill your relationship with the club (and may get you blacklisted among other local clubs), but if your damages are significant, it may be your only recourse.

    This is not legal advice. I am not an attorney, I just play one on TV...... . I hope you never have to deal with this, but if you do, don't depend on advice from PLs on this site, get a real lawyer. Good luck.

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    Featured Member avacheetahs's Avatar
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    Default Re: Are they liable? (kinda long)

    Ha! Thank you, that's great! I don't plan on getting injured b/c I will be forcing someone to walk me to my car from now on- the manager himself if need be.

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    Moderator Djoser's Avatar
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    Default Re: Are they liable? (kinda long)

    There could be stuff going on you aren't hearing about that brought it on Or maybe those thugs were just doing what they do best.

    My best friend was shot and killed by assholes like this, and I almost killed another one of them when he was laughing about it later.

    I still carry a roll of nickels with me everywhere due to this and similar incidents at my club. Why are they even tolerated in the club, that's what I want to know? I am still pissed off when I think about the fact they even let guys like this in. I would never let fuckers like them in any club I owned or managed.

    Also, you should never have to walk to your car alone. That is ridiculous.

    I don't think the owner cares about his employees, if he isn't doing anything about the guys who work for him having the shit beaten out of them, either.
    You must have chaos within you to give birth to a dancing star.
    Friedrich Nietzsche

    Free your mind, and your ass will follow.
    George Clinton

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    Featured Member avacheetahs's Avatar
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    Default Re: Are they liable? (kinda long)

    ^ Yeah if he even knows. He is out of town a lot and well, if the cat's away.

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    Veteran Member Scout's Avatar
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    Default Re: Are they liable? (kinda long)

    Quote Originally Posted by avacheetahs
    No, the police weren't called. I don't know why, but I suspect that it had something to do with the fact that the off-duty DJ and doorgirl brought them over.

    I'm still pissed that they weren't called, and I think that this makes the case for the club being liable for negligence.

    One of the DJ's who got beat up filed a report when he got home at his family's insistance, but I don't think much has come of it.
    Isn't negligence a crime? I am not an expert, but I think it is and the DJs could press charges.

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    Moderator Djoser's Avatar
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    Default Re: Are they liable? (kinda long)

    I didn't know he was gone, that could well have made the difference.

    And furthermore, it's not like I have insisted on any guarantee of safety in any club I have ever worked in, lol!

    I just tend to have a more protective streak when it comes to dancers, especially the cool ones.
    You must have chaos within you to give birth to a dancing star.
    Friedrich Nietzsche

    Free your mind, and your ass will follow.
    George Clinton

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    Veteran Member azdd's Avatar
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    Default Re: Are they liable? (kinda long)

    Quote Originally Posted by Scout
    Isn't negligence a crime? I am not an expert, but I think it is and the DJs could press charges.
    Negligence is not a crime, but assault is. The club's liability insurance will cover negligence (if proven), but not criminal activity by their employees. The courts treat them as separate matters. Remember OJ? Found not guilty of murder in his criminal trial, but found responsible in his civil trial to the tune of 32 million or something like that.

    Also, employers are required by the OSHA General Duty Clause to provide a workplace that is free of recognized hazards. Any reasonable person (including an OSHA inspector) would agree that a dancer walking to her car in a dark parking lot is exposed to recognized hazards, which the employer is obligated to do something about. They could do this with security escorts, lighting, etc. If they don't, you could always file an anonymous complaint with your local OSHA agency and see what happens. Considering some of the OSHA inspectors I know, they would probably trip over each other for the chance to "inspect" a strip club.......... but it might really help!

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