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Hey there- this morning around 3:30 am at centeroo my boyfriend, Matt, was run over by a security guy on a cart who didn't even stop - he drove away. my boyfriend is now at the Vanderbilt hospital in nashville with a BROKEN NECK.
Again, since you are probably using a mobile device....
Get off this forum and contact a lawyer immediately. Do not consult with any Bonnaroo staff. They are not looking out for you or your interests at this point.
Again, since you are probably using a mobile device....
Get off this forum and contact a lawyer immediately. Do not consult with any Bonnaroo staff. They are not looking out for you or your interests at this point.
good lawyer would be able to identify what was going on... seems pretty crazy. any chance the cart was hijacked by some attendee? (not that this matters)
It's very likely that the tickets come with a blanket disclaimer against injury, even if caused by negligence on behalf of staff. These kinds of things don't always hold water legally.
An example is trucks that say that they are not liable if rocks fall off and hit your car. You can't just say "these laws don't apply to me!" and they magically don't. Buying the ticket is a form of agreement, but it's not insurmountable.
Like it's already been said, an attorney would be able to better assist you.
Note: the following is not legal advice, and is not intended as such. Any information proffered is merely the result of informed speculation, and does not qualify as an offer of counsel, a legal consultation, or any sort of business or legal relationship. Further, the undersigned hereby denies liability stemming from any action taken as a result of the discussion below.
Now, first - get a lawyer. Get one that's barred in TN. Second, before you go doing anything, properly assess what exactly happened. Was your boyfriend laying in a portion of centeroo reserved for, or known to be used for, the egress of vehicles? What were the lighting conditions like? These are things you need to have already considered and addressed.
Not knowing what your situation is completely like, I can tell you that if your boyfriend was laying on the ground in an area known for travel, with poor lighting conditions (like much of Centeroo at 3 a.m.), then you're going to have some problems getting anything going. Even if the driver was negligent in their operation of the vehicle, there's a serious question of contributory/comparative negligence on the part of the injured party. I'm not going to get into more specifics on this board, but suffice it to say that you want to consult with a very qualified attorney prior to doing anything. Also, take a look at the Bonnaroo tickets, information forms, and anything else that might carry a disclaimer/waiver of liability on their part.
Good luck. Feel free to PM me if you have any questions.
All due respect, most waivers signed in a hospital gives blanket protection to the doctors to perform, but they still cannot saw the wrong leg off or they are open to being sued.
Negligence is negligence. If there was poor lighting, there should not have been driving in the area. This is not the faul of anyone but the person behind the wheel and the company they work for. In a hit and run, the pedestrian, no matter what law is being broken in the commission of the accident, is always identified as the plaintiff.
All due respect, most waivers signed in a hospital gives blanket protection to the doctors to perform, but they still cannot saw the wrong leg off or they are open to being sued.
Negligence is negligence. If there was poor lighting, there should not have been driving in the area. This is not the faul of anyone but the person behind the wheel and the company they work for. In a hit and run, the pedestrian, no matter what law is being broken in the commission of the accident, is always identified as the plaintiff.
This is all true. If there is a disclaimer of liability, however, and you have been found to have assumed the risk, then you're going to have a tougher time with any legal recourse. It's kind of like the whole thing where if you buy a ticket and it carries the agreement that the company is not responsible for the loss of any valuables. It doesn't matter if the parking area has no lights, and the security hired was drunk and looking the other way when your car got broken into, you were warned of the risk and they won't be held at fault.
Of course, there's a lot more chance for recovery when you're dealing with a serious physical injury caused by negligence as opposed to a minor financial one, but still. As I said above, without knowing more (where was he lying, was the area lit, who was driving the cart, etc.) it's tough to say. If he was lying in an area specifically used for vehicular travel, they'd have a hell of a defense.
True, but IMO they'd settle this one as quickly as possible. I personally witnessed two times that people were almost struck by someone in a 4 wheeler because the driver was staring at girls. Two times. Don't get me wrong, I had an amazing time, but if this event happened the way she said, it sucks because it was an entirely avoidable incident.
I'd suggest that you CALL A LAWYER and stop posting on the internet. Thats the only way to help your case. If your attorney would like to use the board to collect further information, please have them email me first, adam[at]inforoo.com
Post by abrakapokus on Jun 13, 2011 19:11:53 GMT -5
Hey I saw something happen after the Bassnecter set before Pretty lights let out near the Wheel. I didn't see anyone get run over but saw security flooring a golfcart chasing a guy getting very close up on him. PM me if this is of interest to you.
Post by Guiitar Man on Jun 13, 2011 20:03:18 GMT -5
I'm so sorry for the ordeal that you are going through. I did not see your particular incident, but I did witness many occasions where a golf cart driver would just floor it through a crowd and expect people to see and move. I saw it at Girl Talk at This Tent and multiple times at What Stage.
That being said, as previously noted, it would be extremely hard to prove this without video of it happening or anything. They could say that he was quacked up on mind altering substances and fell off the top of an RV and broke his neck or something. Unfortunately I think the burden of proof is on your boyfriend. As also previously noted, I am not a legal professional and your first move should be to talk to one right away.
Post by chemicalbrother on Jun 13, 2011 21:27:11 GMT -5
Last year in the middle of the day at Which a guy in a golf cart ran completely over my foot. I was pressed up against a wall almost on my toes trying to get out of his way and I guess that wasn't enough for him as he tried to navigate the crowd. I was mad pissed and tried to catch him flinging a whole volley of cuss words at his ass. The people,a band i think, on the back of the cart looked embarassed as I chased them raging.
What he DID NOT know, and couldn't know, was that I had broken all 5 toes in that foot and shattered my meta-tarcel(Sp?)(bone behind big toe) and just been completely cleared by my doctor in the late of January. They couldn't even rule out the need to take bone from my hip and put it in my foot until late january. But what HE SHOULD consider is all the things he doesn't know.
Those toes were nearly amputated the previous june. I nearly had to have bone grafts from my hip to my foot. And I was clearly as backed up against that wall as I could humanly manage. But this quacker didn't care. He was just frustrated at the crowd and decided "fuck em if they won't move", unacceptable.
Also,this year I was very much reminded of this incident because I personally witnessed quite a few carts hauling ass across the grounds. Sometimes very close to groups of people on the ground. Especially as the weekend went on and I imagine their frustration grew.
This should definately be addressed.
Edit: Luckily for me I suffered no additional injuries to my foot, but no thanks to the driver of the golf cart. I'm pretty sure it was a total access cart too like willsfc witnessed this year. It was during weezer.
I had a golf cart run over my foot and leg saturday this year, though, admittedly, it was my own fault. I walked out infront of the golf cart (I didn't see him, I am legally blind in my right eye). He yelled and hit me at nearly the same time, came to a stop, appoligized, and asked if I was alright. I was too embarrassed to admit that I was in any kind of pain, and honestly, after I had shifted my weight back and forth a few times, I felt better. But now, I think I may have a broken bone in the instep of my foot. It really bothered me during Robert Plant yesterday, and it is bothering me more today.
I am of the opinion that golf carts should have special marked paths inside centeroo, and should not be permitted to leave these paths. They should also be make a constant audible beep to warn those near by.
Post by Dave Maynar on Jun 13, 2011 21:52:12 GMT -5
Agreed. I told my wife (Abrakapokus) that she needed to keep a lookout for carts because it was easy to not hear them coming up on you due to them being quiet and the music being loud sometimes.
Post by thecoffman on Jun 13, 2011 22:44:12 GMT -5
Did we ever hear of where this happened. I was coming from the far right of Which stage from the PTM / SCI epicness when somewhere between there and Girl Talk, and past the 3 o'clock hour, I saw a cart whipping around in a somewhat open area, trying to do fish tails and donuts -- looked like a driver trying to impress a couple of girls. Being heavily cornfed, I was kinda like meh. But a couple of other people yelled at the driver, I think.
Post by midwestjam on Jun 13, 2011 23:21:45 GMT -5
I believe it. I was actually almost hit too while walking beside portos. Driver came flying by and actually hit my backpack enough to spin me kinda. The drivers this year were the worst I have ever seen at Roo.
Post by FuzzyWarbles on Jun 14, 2011 0:27:32 GMT -5
I don't know anything about this particular incident, but I did here about some guy in a truck speeding through the campgrounds and running over some guy, buckling his legs and throwing him on top of his hood. I saw way to many volunteers speeding through the campgrounds as well as people walking in the middle of the roads not paying attention as a vehicle rode up on them or stepping out in front of oncoming traffic rather than waiting. I almost got hit myself by a speeding golf cart in an empty field after leaving the cinema tent following the Mavs win in game six. There was no reason for that guy to be driving that fast and I yelled out for him to slow the fuck down.
I didn't get run over or anything but the carney on the ferriswheel dropped the bar on my arm as I was leaving the cart. I have a huge bruise. I think I've been infected with carney-cooties (like lyme disease) 'cause I have a yearning to run off and join the traveling circus show.
All due respect, most waivers signed in a hospital gives blanket protection to the doctors to perform, but they still cannot saw the wrong leg off or they are open to being sued.
Negligence is negligence. If there was poor lighting, there should not have been driving in the area. This is not the faul of anyone but the person behind the wheel and the company they work for. In a hit and run, the pedestrian, no matter what law is being broken in the commission of the accident, is always identified as the plaintiff.
This is all true. If there is a disclaimer of liability, however, and you have been found to have assumed the risk, then you're going to have a tougher time with any legal recourse. It's kind of like the whole thing where if you buy a ticket and it carries the agreement that the company is not responsible for the loss of any valuables. It doesn't matter if the parking area has no lights, and the security hired was drunk and looking the other way when your car got broken into, you were warned of the risk and they won't be held at fault.
Of course, there's a lot more chance for recovery when you're dealing with a serious physical injury caused by negligence as opposed to a minor financial one, but still. As I said above, without knowing more (where was he lying, was the area lit, who was driving the cart, etc.) it's tough to say. If he was lying in an area specifically used for vehicular travel, they'd have a hell of a defense.
Everything above (in bold) is completely incorrect. Any such blanket disclaimer of liability would be laughed at in court. Seriously, the judge would laugh at it. And Bonnaroo knows this.
When you walk into Bonnaroo you might be assuming the risk of suffering dehydration or breaking an ankle while stepping on a stray beer can...but you are most certainly not assuming the risk of getting hit by a golf cart. If the driver was not acting with reasonable care in his operation of the golf cart and this negligence proximately caused the injury to your boyfriend (i.e. your boyfriend didn't jump in front of the golf cart on purpose), then Bonnaroo is liable for the negligent acts of this employee while he's on the job (this is called respondant superior).
Bonnaroo wants no part of such a trial and will be immediately willingly to negotiate a settlement. So get a good lawyer that scares them
BTW, I am lawyer, but this post does not constitute legal advice, but rather just clears up the blatant errors from the above-bolded portion.
BTW, I am also a lawyer. .... Finally, I think we should probably stop talking about the legal aspects of this since Adam made it pretty clear not to.
I knew I liked you. Or maybe its the avatar. Either way we'll lock this one, any further discussion of this topic will need express permission from me. If you are not kdpurcell/twothumbs' attorney, please PM me rather than email on this one. If you are the attorney, feel free to email.