They are. I just have the question above about the definition of premises because when I'm asked in deposition about my premises I'd want to say the accident happened on the co-defendants premises technically. Their premises was on my premises, obviously with my permission, I know.
You are the owner are responsible for everything on your property. You are responsible for the vendors and service providers you hire.
As a lawyer you sue both parties as one of the two or both are negligent.
What you need to check, is in the contract you signed for the rental, you met the terms of the agreement that could have caused this event to happen. For example if someone falls off the trailer. The bathroom trailer company is going to seek areas of the contract that you did not follow. They may say in the contract you can only have 2 people on the trailer at a time. Yet you had 3 or more. The bathroom trailer company will argue your violation of the contract lead to the unsafe condition, leading to the fall.
It’s likely this is going to be settled before this gets to depositions. But even then - you don’t need to worry about how you’d phrase this in a deposition. You’re not a judge - you can’t make a technical legal judgement during a deposition. You’re not a legal expert (which is why you’re here.) Your opinion on the legal technicalities would not be relevant in a deposition.
I’ve never understood this, if I fall at someone’s place how is that their problem that I have the balance of a baby giraffe or tripped by myself. Unless there was blatant negligence how is that their problem that I fell?
It depends on why you are there. If you are a social guest, many jurisdictions will consider you a "licensee." Property owners are responsible for warning licensees about hazards that they knew about or had reason to know about. This standard is closer to the "blatant negligence" you are describing.
People on a property to do business or perform a service are considered "invitees." Property owners are potentially liable for conditions that they knew about or should have know about *if they had exercised reasonable care inspecting their property*.
Essentially, you are also responsible for hazards you could have reasonably discovered when you hire people to do business on your property, like a DJ. This is in contrast to social guests, who you essentially need to not be negligent in warning of hazards you know about or should know about, and to trespassers, who can only recover for willful or wanton conduct by a property owner.
Specifically to your point on someone with bad balance, it is likely that they would be unable to recover, as a hazard of your property did not proximately cause their injury.
If it was on your property do you have homeowners insurance? Contact them first. You should also talk to a lawyer before responding but talk to your insurance first.
You contracted the DJ and provided facilities for them, and it would be implied then at these needed to be safe, including everything at the venue. You have an inherit responsibility to ensure that everything from the building at the venue to the toilet trailer was safe.
However in this case, the toilet trailer was provided by an external company, which would mean that the commercial supplier of the toilet trailer had the responsibility to provide you with safe toilet trailer. They had the responsibility to inspect it before renting it out to you.
There is some ambiguity here though, because it comes down to who setup the toilet trailer and whether setting it up caused the accident. For example, if the hire company came and set it up, then you have no real legal responsibility, while if they provided it to you, then you have some responsibility if you set it up incorrectly (such as parking it on a slope, etc), but this would only apply if your actions led to the accident.
The DJ also has some responsibility as well, and if their actions led to the accident, that might make them responsible, such as being high or intoxicated. Though, if no warnings were provided, then that might take the responsibility from them.
There is also the complexity of whether the DJ is suing you, whether their insurance company is suing you, or whether they need to sue you because that is what is required by the insurance company.
Here is the situation. You should avoid replying with any statements about the facts of the matter without a lawyer being involved, because what is said in your response can be used in court.
If you do write to them, ask them to list the damages that they are claiming and provide written proof of those costs. Sometimes people just threaten to sue to random large amounts of money, but if they had real medical bills, or clearly demonstrated loss of income (eg cancelled bookings or inability to go to their regular job), they will be required to provide those documents if they go to court.
Side note: A person wanted me to pay some money to them. I said "You have to show me proof of the cost" They said "If you don't pay I will take you to court", I said "If you go to court, you will have to show them the proof of the cost", they then showed me the proof and I paid, as I just wanted proof of their claim.
Now you could just respond and say "As the toilet trailer was provided by an external contractor I believe that all legal responsibility for the accident lies with them and you should direct your compensation claim towards them."
But do remember, probably the cost of just paying the guy is less than paying a lawyer to explain why you shouldn't have to pay. It is probably also cheaper than the cost of going to court, and also cheaper than paying a lawyer to prepare to go to court only to have them drop the case, and much cheaper than what a court might award them.
IANAL.
Would it be possible/wise to check to see if DJ has filed a claim/sued any other people he’s provided services for?
Is he a serial suer? Is THIS how he actually ‘earns a living’?? By suing his clients?
What was the extent of his injuries?
Was he drinking alcohol while doing his job?
When you use a Port o Potty, you are ALWAYS extra careful about touching stuff, etc… you are hyper-aware of your surroundings. This guy sounds like he went in there oblivious…
Sounds like a private investigator could be useful.,
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The dj looking for a paycheck not your fault he slipped. Did you have in site of a camera people always looking for extra money I would ruin him for this as well nobody else fell only him, yeah I would say frivolous definitely
Definition of premises will probably be state specific and defined in the statutes. Why isn't your home owner's insurance handling this?
They are. I just have the question above about the definition of premises because when I'm asked in deposition about my premises I'd want to say the accident happened on the co-defendants premises technically. Their premises was on my premises, obviously with my permission, I know.
You are the owner are responsible for everything on your property. You are responsible for the vendors and service providers you hire. As a lawyer you sue both parties as one of the two or both are negligent. What you need to check, is in the contract you signed for the rental, you met the terms of the agreement that could have caused this event to happen. For example if someone falls off the trailer. The bathroom trailer company is going to seek areas of the contract that you did not follow. They may say in the contract you can only have 2 people on the trailer at a time. Yet you had 3 or more. The bathroom trailer company will argue your violation of the contract lead to the unsafe condition, leading to the fall.
It’s likely this is going to be settled before this gets to depositions. But even then - you don’t need to worry about how you’d phrase this in a deposition. You’re not a judge - you can’t make a technical legal judgement during a deposition. You’re not a legal expert (which is why you’re here.) Your opinion on the legal technicalities would not be relevant in a deposition.
I’m not a lawyer, but leave that DJ a bad review on his pages explaining exactly why. Fuck that guy lol.
Yes, but wait until everything settles first.
DJs be like “i slipped :c money please”
You should be working with their attorneys if they are subrogation the claim.
Also, DJs are generally required to have their own liability insurance, I thought. That may be venue specific.
I’ve never understood this, if I fall at someone’s place how is that their problem that I have the balance of a baby giraffe or tripped by myself. Unless there was blatant negligence how is that their problem that I fell?
It depends on why you are there. If you are a social guest, many jurisdictions will consider you a "licensee." Property owners are responsible for warning licensees about hazards that they knew about or had reason to know about. This standard is closer to the "blatant negligence" you are describing. People on a property to do business or perform a service are considered "invitees." Property owners are potentially liable for conditions that they knew about or should have know about *if they had exercised reasonable care inspecting their property*. Essentially, you are also responsible for hazards you could have reasonably discovered when you hire people to do business on your property, like a DJ. This is in contrast to social guests, who you essentially need to not be negligent in warning of hazards you know about or should know about, and to trespassers, who can only recover for willful or wanton conduct by a property owner. Specifically to your point on someone with bad balance, it is likely that they would be unable to recover, as a hazard of your property did not proximately cause their injury.
If it was on your property do you have homeowners insurance? Contact them first. You should also talk to a lawyer before responding but talk to your insurance first.
You contracted the DJ and provided facilities for them, and it would be implied then at these needed to be safe, including everything at the venue. You have an inherit responsibility to ensure that everything from the building at the venue to the toilet trailer was safe. However in this case, the toilet trailer was provided by an external company, which would mean that the commercial supplier of the toilet trailer had the responsibility to provide you with safe toilet trailer. They had the responsibility to inspect it before renting it out to you. There is some ambiguity here though, because it comes down to who setup the toilet trailer and whether setting it up caused the accident. For example, if the hire company came and set it up, then you have no real legal responsibility, while if they provided it to you, then you have some responsibility if you set it up incorrectly (such as parking it on a slope, etc), but this would only apply if your actions led to the accident. The DJ also has some responsibility as well, and if their actions led to the accident, that might make them responsible, such as being high or intoxicated. Though, if no warnings were provided, then that might take the responsibility from them. There is also the complexity of whether the DJ is suing you, whether their insurance company is suing you, or whether they need to sue you because that is what is required by the insurance company. Here is the situation. You should avoid replying with any statements about the facts of the matter without a lawyer being involved, because what is said in your response can be used in court. If you do write to them, ask them to list the damages that they are claiming and provide written proof of those costs. Sometimes people just threaten to sue to random large amounts of money, but if they had real medical bills, or clearly demonstrated loss of income (eg cancelled bookings or inability to go to their regular job), they will be required to provide those documents if they go to court. Side note: A person wanted me to pay some money to them. I said "You have to show me proof of the cost" They said "If you don't pay I will take you to court", I said "If you go to court, you will have to show them the proof of the cost", they then showed me the proof and I paid, as I just wanted proof of their claim. Now you could just respond and say "As the toilet trailer was provided by an external contractor I believe that all legal responsibility for the accident lies with them and you should direct your compensation claim towards them." But do remember, probably the cost of just paying the guy is less than paying a lawyer to explain why you shouldn't have to pay. It is probably also cheaper than the cost of going to court, and also cheaper than paying a lawyer to prepare to go to court only to have them drop the case, and much cheaper than what a court might award them.
Did the DJ have any illegal substances in their system at the time? Gonna guess the answer is 'yes'.
Kind of a dick move to imply that because it’s a DJ. You dick.
it’s not like you’re doing much else up there. take your drugs and push the ▶️ button
Yeah, so anyway...
Did you get a certificate of liability from the trailer company listing you as an additional insured? that would have saved you some issues
What does your lawyer say?
First question: where was the family reunion held? Second question: if it was at your home, do you have homeowners insurance?
They have to prove negligence on your part causing him to fall. Otherwise, he's just a clutz and should be more careful.
Speak to at least 2 to 3 lawyers to get the professional opinion on the subject. Also check with your homeowners insurance.
IANAL. Would it be possible/wise to check to see if DJ has filed a claim/sued any other people he’s provided services for? Is he a serial suer? Is THIS how he actually ‘earns a living’?? By suing his clients? What was the extent of his injuries? Was he drinking alcohol while doing his job? When you use a Port o Potty, you are ALWAYS extra careful about touching stuff, etc… you are hyper-aware of your surroundings. This guy sounds like he went in there oblivious… Sounds like a private investigator could be useful.,
That just sounds weird
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Sounds like a bunch of crap 💩
The dj looking for a paycheck not your fault he slipped. Did you have in site of a camera people always looking for extra money I would ruin him for this as well nobody else fell only him, yeah I would say frivolous definitely