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Posted By Brian Kane
Last night my wife was at a 'Rat pack show' at a local hotel. Whilst walking bact to her table and carrying drinks (non alcoholic) for her mother and aunt she tripped over the microphone cable which was laid across the floor and had been left out by the artist, sending her sprawling across the floor. She has suffered severe bruising and abrasions to her knees and elbows. Although I'm familiar with slips and trips within my industry and with the HSW act etc etc. Where does she stand?
The deputy manager filled in an accident form but was quite useless otherwise. He blamed the artist for leaving the cable out and the artist had a 'couldn't care less attitude'. My wife was quite upset by the accident and attitudes of people concerned. Any advice welcomed.
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Posted By Raymond Rapp
Brian
As far as I am concerned the onus for ensuring a safe environment lies with the proprietor. The artist should also have ensured that he did not leave any potential tripping hazards, but you will not get any recompense from him. Your options appear to be a) contact the proprietor direct b) seek an opinion from a solicitor with a view to making a claim.
Ray
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Posted By Is Kismet
Or taking it philosophically, as being one of those things that happen in life, and bearing in mind that because of the tendency to sue, that the artiste or manager might want to apologise but feel not able to.
In the end it's up to your wife.
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Posted By darren booth
i would agree that the proprietor was responsible for providing a safe environment for his patrons. why not write to the manager or phone them ,pointing out their responibilities in the eyes of the law.you might find they are a little more responsive when the realities are facing them. a free night out and a grovelling apology would be the very least i would hope for.
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Posted By Morgan Healey
Brian
what would you like to happen to resolve the situation?
Compensation, or would your wife be happy with an apology.
Morgan
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Posted By Brett Day
Given that there are such things as radio mikes that are normally used when performers are wandering around in the audience I can't see why cables should be left about in a public area.
When I used to crew if we had cables running across a public area, we put rubber mats over the cable (as well as stopping trips it protected the cable) or we put gaffa tape over the cable and taped it down.
Just leaving it there is a non no.
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Posted By J Knight
Hi Folks,
There is no need for the lack of apology; apologising for an incident and showing sympathy with pain and suffering is not an admission of guilt, and will not compromise a claim against insurance; taking responsibility for one's own actions cuts both ways.
Is K, if it is indeed 'one of those things that happen in life' that holds as true for the duty holder as it does for the IP. Shirking ones duty by denying responsibility is morally unacceptable, and the premises holder should accept the consequences of their own actions (or in this case, the inaction of failing to provide a safe walkway). In default of an apology and in the light of a dismissive and selfish response why shouldn't an IP consider legal redress?
I personally would write to the club, and invite either an apology or some kind of gesture of sympathy; failing that I would seek legal advice,
John
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Posted By Lilian McCartney
If you wish to stop this happening again I suggest you contact the hotel again expressing your concerns.
If you feel that you don't wish to do this because of their previous response then contact the local Env. Health poeple (who I think enforce in hotels). If its not them they'll advise its HSE.
If you say to Env. Health/HSE that you 'have a concern' after an accident, explaining the circumstances, then they are duty bound to investigate.
In addition, or instead, you could write to the hotel (if chain they're HQ) explaining that they have broken their duty of care and that you are seeking suitable recompense for the injury. Using the correct language and including the three things: owe duty of care, broke duty of care, damage resulted usually brings some sort of favourable response or at least a starting point.
I've only used this for minor injuries when I've thought that the organisation have been completely awful about the whole situation e.g. very rude, offhand, dismissive, no adequate first aid or assistance etc. When they've been okay and I've seen them taking action to prevent future occurrences I've not bothered (that is helping others who tend to come to me being in H&S)
For major injuries I advise that their solicitors or Trade unions deal with it.
With all things I think preventing future occurrences is very important and some times this can only be achieved by complaining or claiming.
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Posted By Bob Shillabeer
Hi, Sorry to hear about your wife's accident. There you have an appology its that easy to do and yes it should have come from the hotel operator not from me. Thankfully it seems the only injury was a bruised knee but it could have been worse, bumper head, fractured skull etc. Really I do have sympathy for your wife but there are two basic failings in this case. Firstly the hotel operator has a duty of care towards its guests to ensure that the artist takes care with cables etc and should check that the artist understands this responsibility or not allow him/her to perform. Secondly the hotel operator is vacariously liable for the acts and ommission of the artist. That said what is your current motivation an appology or compensation. If its an appology ring them up and complain; it may get the required response or possibly not. If it's compensation go to a solicitor don't start quoting H&S legislation at them if its a chain they have people to deal with this type of incident and they have more experience than you.
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Posted By Is Kismet
John, how have you read all that into my response?
I was trying to give an idea of one reason why there wasn't an immediate apology - a real life situation, that happens frequently.
Please explain your attitude/comments.
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Posted By Chris Knagg
There are a number of scenarios to consider.
If the Artist was using the Hotel's in house sound system, the hotel will be responsible for the safe use of the system. If they told the artist not to leave the microphone cable out then there is some vicarious liability.
If the sound system was the Artists,then it is the Artists responsibility and the hotel has some shared liability becasue it happened in their venue.
The venue and artist should have public liability insurance to deal with any claims against them.
In todays technological world, there is no need to have trailing microphone cables. Radio microphones are not expensive and remove the need for microphone cables in public areas.
A precautionary note, the cable may not have been a microphone cable. There are many types of cables used in entertainment, Speaker cables, Multi-core cables for mixing desks, DMX cables for lighting, powercables for power and lighting etc. To avoid confusion when talking with the insurers is worthwhile knowing exactly what the cable function was.
The cost of a roll of gaffa tape is less than a fiver
The cost of a good radio microphone is less than £1000.00
Risk assessment, drunk or intoxicated uncoordinated body movement + trip hazard = injury, pain, suffering and claim.
Speaking with 25 years of experience working in this environment, this type of incident is completely avoidable.
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Posted By Brian Kane
Thanks for your comments. I have waited all day for the manager of the hotel to ring with an apology (as the hotel said he would) but to no avail. I will write to him expressing my concerns and their responsibilities to their clients and take it from there. Fortunately it was only bruising sustained but it could have been worse.
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Posted By Brian Kane
"Or taking it philosophically, as being one of those things that happen in life,"
'Is Kismets' reply seems to imply that accidents happen and that we should accept that they do. There's me thinking that all accidents are preventable.
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Posted By DJ
Any legal action for damages would be taken against the hotel (although in fact it would be its insurer) and it would join the artist.
If this is the chosen course of action, I would suggest not going to a 'claims farmer' as their fees can often be much higher and you have much less legal protection. Any good personal injury solicitor would be able to advise and they will usually take the case on a conditional fee arrangement (no-win no-fee). A list of such solicitors local to you is available on the Law Society's website.
I hope this helps.
DJ
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Posted By Steve
I need cpd points rapid, any suggestions.
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Posted By Brian Kane
Result....I wrote to the hotel telling them of their duty of care and how it was breached causing injury. Within a day they were on the phone with the offer of a free night out for my wife, her mother and aunt. They offered an apology and to show good faith they would also offer this with a taxi to and from the venue.
Thanks to everyone who contributed
Even you Is Kismet!
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