IllianaLancerContra

YEA / Cadets Injury Lawsuit

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1 minute ago, JimF-LowBari said:

Wondering if insurance company will check this out to decide if it might have been preventable. And then figure out rates for next renewal.

Then the cost increase can be passed onto the membership.....YEA!

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Employer says “climb up there and yada yada”. Employer doesn’t provide safe climbing equipment. Such as a spotter, someone to hold the ladder and so on. Employee falls and gets hurt. Hard to see how employer escapes responsibility for this. Plus the employee was never paid any wages?  Oh boy. 

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14 minutes ago, HockeyDad said:

Employer says “climb up there and yada yada”. Employer doesn’t provide safe climbing equipment. Such as a spotter, someone to hold the ladder and so on. Employee falls and gets hurt. Hard to see how employer escapes responsibility for this. Plus the employee was never paid any wages?  Oh boy. 

The staircase props from this year's show might have been put to good use.

Edited by Continental
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12 hours ago, Tim K said:

My guess is that the marching members are asked to sign waivers, but in many cases, the waivers are not worth the paper they are printed on, as people in school settings know. For field trips, parents are asked to sign permission slips that wave the school and chaperones of any accidents on field trips. They almost never hold up in courts. Liability insurance would most likely pick up the tab, but waivers are not of much value.

Completely agree that waivers don't do much at all.   The thing w/ liability insurance is that the company providing it will want to know EXACTLY what they are signing up for.  And when they find they are being asked to provide liability insurance to a 150-member traveling amateur performance group that has performers running up and down ramps, climbing various structures all while concentrating to play an instrument or spin a flag, I suspect the insurance will be (1) real expensive, or, (2) they say 'no thanks we don't want your business'. 

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15 hours ago, Musicman1084 said:

 

I would assume they're asked to sign waivers and show proof of insurance.  If not, I think we probably would have heard of a few other cases with injured members, especially with situations like the BD colorguard member who broke her neck falling off a prop, and the Bluecoats drummer who had a season-ending injury from a speaker falling on him.

 

WHAT?!?!?! what year was this???

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12 hours ago, drumcorpsfever said:

No where in the complaint did it state the ladder was tied and secured.  Who’s at fault for that one?

The employer’s. And I’m not kidding. Unless the employer can show they provided some sort of safety training or written procedures that cover how to work at heights, and that the employee knowingly ignored them. That is just the world we live in today. 

Edited by HockeyDad
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14 minutes ago, HockeyDad said:

The employer’s. And I’m not kidding. Unless the employer can show they provided some sort of safety training or written procedures that cover how to work at heights, and that the employee knowingly ignored them. That is just the world we live in today. 

The comeback on this might be that the person who was injured was experienced in maintaining equipment (that’s how I read the paperwork). So corps staff trusted his judgment on how he should have done the job safely. 

My dad also worked on large vehicles and if he was told to do something unsafe it was his responsibility to say “bleep no” and then say why.

Edited by JimF-LowBari

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14 minutes ago, HockeyDad said:

The employer’s. And I’m not kidding. Unless the employer can show they provided some sort of safety training or written procedures that cover how to work at heights, and that the employee knowingly ignored them. That is just the world we live in today. 

 

1 minute ago, JimF-LowBari said:

The comeback on this might be that the person who was injured was experienced in maintaining equipment (that’s how I read the paperwork). So corps staff trusted his judgment on how he should have done the job safely 

And this, Ladies & Gentlemen, is why there is a Lawsuit.

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Any organization that is well managed by thoughtful, attentive, safety-minded individuals could still experience accidents. Human action isn’t infallible. Hope the guy is well recovers, and that he and the corps work this out in a sensible way.

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59 minutes ago, IllianaLancerContra said:

Completely agree that waivers don't do much at all.   The thing w/ liability insurance is that the company providing it will want to know EXACTLY what they are signing up for.  And when they find they are being asked to provide liability insurance to a 150-member traveling amateur performance group that has performers running up and down ramps, climbing various structures all while concentrating to play an instrument or spin a flag, I suspect the insurance will be (1) real expensive, or, (2) they say 'no thanks we don't want your business'. 

Try negotiating liability coverage for a group of 170 19 and 20 year olds in a social fraternity on a Big 10 campus.

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