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rytz bowman | If there is a child hurt at a show in ohio and there is a enter at your own risk sign at the door whos liable? |
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Serge M
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It would depend on circumstances. If the child gets hurt because he ran around and bumped into a wall or fell over something that belonged to the show, no one is liable. If the child is hurt because a show employee negligently drives a piece of equipment into the child, the show could be liable or the individual employee. Some situations would be obvious; others would require careful interpretation of the facts. |
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sfru
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It all depends on how the child was hurt. Did another patron hurt them? Did they trip and fall down on the premises? I'm guessing this wasn't a bar because a child wouldn't be allowed inside. GL covers injury on the premises on a commercial establishment but if this is a music venue, known to have some pretty rough rock shows, that liability is probably excluded. This is probably a matter in which you'd have to sue in order to get compensation. Make sure you sue the right person though, either the establishment or whatever other person hurt the child. I think it's pretty safe to say your legal losses will negate whatever compensation you get, and the establishment has a good argument because they had that sign on the door. I think it's a lost cause. The kid should not have gone in. |
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bostonianinmo
 |
A single-sided disclaimer is not always legally enforceable. If the operator of the show was negligent, the sign on the door would be worth the paper that it was printed on and not much more.
The primary purpose in these disclaimers is to try to scare off the public from attempting to collect from the operator of the business. They do NOT automatically absolve the owner or operator of responsibility for their own negligence. |
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patrick h
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the child's guardian. |
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andy t
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it depends on how he was hurt - if i put a sign round my neck saying "if you come by me i will shoot you" and i do, does that mean i won't be prosecuted? THE LAW IS THE LAW - IF SOMEONE BREAKS THE LAW AND SOMEONE GETS HURT, THEY CAN HAVE ALL THE SIGNS UP THEY WANT CAN'T THEY |
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mbrcatz
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A judge or jury decides who is ultimately liable.
Posting the sign does NOT relieve the owner or the person putting on the show, if there's an inherent danger. HOWEVER, if the PARENT isn't watching the child, and/or allows them up onto the catwalks, it's not the OWNER'S fault if the child falls off when they shouldn't be there in the first place.
So, the parents can sue, if they feel that the property owner was negligent, or if the show promoters were negligent, or even if another patron punched the kid in the nose. That doesn't mean they'll WIN.
Just because an injury occurs on a premises, the owner is NOT automatically at fault. You have to sue, and a judge/jury takes a look at the facts, and decides if the person you are suing is actually responsible for the injury, legally. |
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atv_chick_2003
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I am pretty sure it would be the parents of the child depending on the child's age i'd say under 13 because at 13 they can defitnaly read and understand what " Enter at your own risk" means and i'm sure even over that age the parents not the child would be liable now if it was say a 17 or 18 yr old i'd say it would be the kid who was liable
I would not think the "property owner" or who ever held the show would be liable, but if it would go to court i'd make sure to have pleanty of pictures showing it does have a sign stating plainly "entier at your own risk" |
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Joey's Girl
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i would say the parent or guardian or the adult that too the child there |
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