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GoodGuy65 · Jun 8, 2011, 05:02 PM

I worked at a haunted house in Oregon. Over 200 of us, mostly teenagers (I'm in my 40's), had to sign some kind of liability waiver. Unfortunately, while acting, I got injured. My knee tendon sheared right off the bone during a recommended type of gesticulation. Bummer is, it was my "good" knee. Now they're both shot, and it's killing my real job performance. The remainder of my bills are going into collections too. I didn't even think about pursuing the owner for help, 'till a friend said that waivers don't protect anyone, they're just a deterant from lawsuits. Is there any possibility that the owner of the haunt could be held responsible for, at least part, of my medical bills?

excon · Jun 8, 2011, 05:06 PM

Originally Posted by GoodGuy65

Is there any possibility that the owner of the haunt could be held responsible for, at least part, of my medical bills?

Hello G:

If the owner was negligent, or you SHARED negligence, you betcha he can be made to pay. Of course, I have no way of knowing if that was so. You can visit with a lawyer for free. He'll tell you if you have a case.

excon

GoodGuy65 · Jun 8, 2011, 05:30 PM

Wow! That was quick! I'm not sure about negligence. Can you give an example? I didn't slip or anything, I just piveted around a guy who appeared in front of me, and "POP" down I went. Then I had to drive myself to a hospital 'cause I couldn't afford an $800.00 ambulance ride.

excon · Jun 8, 2011, 05:39 PM

Originally Posted by GoodGuy65

Can you give an example? I didn't slip or anything. My knee tendon sheared right off the bone during a recommended type of gesticulation.

Hello again, G:

WHO recommended you do it? What are HIS credentials? Is he a doctor?? What do you mean "gesticulation", or "pivoted?? But, even if you told me, I couldn't say with any CERTAINTY if you have a case or not... That's why I suggested you visit an attorney... He'll know. That way, not only can you find out IF you have a case, you'll be able to HIRE the guy who can fight it for you. That's a twofer, in my book.

excon

GoodGuy65 · Jun 8, 2011, 05:52 PM

The owner is just an artist and an event decorator. Gesticulation, lol, that's their word for walking like a zombie or werewolf.

ScottGem · Jun 8, 2011, 05:55 PM

It sounds like a long shot. Unless the maneuver was dangerous and the owner was aware of it, I doubt if there is negligence. But certainly do take it to an attorney.

Fr_Chuck · Jun 8, 2011, 05:59 PM

Yes, unless you were asked to do anything that could cause the injury. At times an accident is just that and unless they asked you to do something that could cause it, I see no reason they should be paying.

AK lawyer · Jun 8, 2011, 08:44 PM

Originally Posted by GoodGuy65

Wow! That was quick! I'm not sure about negligence. Can you give an example? I didn't slip or anything, I just piveted around a guy who appeared in front of me, and "POP" down I went. Then I had to drive myself to a hospital 'cause I couldn't afford an $800.00 ambulance ride.

First, it's not yet clear what the relationship was between you and the owner of the haunted house. I'm assuming you don't view yourself as an employee, but depending upon whether this haunted house was a paying enterprise, he could be liable under that theory.

And yes, waivers of liablility are often used because they tend to deter injured people from inquiring further about their actual legal rights. A waiver can sometimes be avoided.

Possible examples of negligence:

The one that springs to mind is the creation of a situation where people appear out of no-where, forcing others to engage in fancy, risky maneuvers to avoid them

.

GoodGuy65 · Jun 9, 2011, 05:05 AM

That sounds very hopeful. My insurance took care of most of the bills, but I still have 20% left. We didn't get paid, but we did get 10 dollars per night for a stipend. The business is a non-profit. Main staff and the owners get real wages. I will totally try to talk to a lawyer. It doesn't sound like they'd laugh me away if I did. Thanks a lot... all of you!

AK lawyer · Jun 9, 2011, 05:59 AM

Originally Posted by GoodGuy65

...The business is a non-profit. Main staff and the owners get real wages. ...

If the business has an owner, and if he pays himself wages, it sure doesn't sound like a non-profit to me.

And, of course, if a business is cheating on it's workers' comp. it has to pay such claims out if it's own pocket.

excon · Jun 9, 2011, 06:08 AM

Originally Posted by AK lawyer

If the business has an owner, and if he pays himself wages, it sure doesn't sound like a non-profit to me.

Hello lawyer:

Really?? You don't think non profits pay their CEO's??

excon

AK lawyer · Jun 9, 2011, 06:51 AM

Originally Posted by excon

Hello lawyer:

Really??? You don't think non profits pay their CEO's???

excon

CEOs of non-profit corporations don't own said corporations.

Ownership and non-profit status are pretty-much mutually exclusive.

And if the "owner" owns just the real estate, while the "business" is a non-profit with a 501(c)(3) exemption; and if that non-profit pays the "owner"; I think the IRS would be interested in looking into it.

excon · Jun 9, 2011, 06:57 AM

Originally Posted by AK lawyer

Ownership and non-profit status are pretty-much mutually exclusive.

Hello again, lawyer:

So, who owns the stock?

excon

AK lawyer · Jun 9, 2011, 07:04 AM

Originally Posted by excon

Hello again, lawyer:

So, who owns the stock?

excon

That's the thing. Non-profit corporations don't have stock.

That's the fundamental difference between non-profit and profit corporations. Look at the corporation statutes in any state.

"A primary difference between a nonprofit and a for-profit corporation is that a nonprofit does not issue stock or pay dividends, (for example, The Code of the Commonwealth of Virginia includes the Non-stock Corporation Act that is used to incorporate nonprofit entities) and may not enrich its directors. However, like for-profit corporations, nonprofits may still have employees and can compensate their directors within reasonable bounds." Nonprofit organization - Wikipedia, the free encyclopedia

GoodGuy65 · Jun 9, 2011, 05:29 PM

I'm learning tons. Thank you! What I found out so far... The company is posted as a non-profit educationally focused 501(c)(3) organization. But it gets confusing. It's incorporated (Inc.), but somehow just one part of many, belonging to an LLC. The "owner", as we all know him as, never lists himself as owner, just the "driving force behind the creativity". The location of the haunt is not owned by the company, but a periodically changing, rented, space. There are locations that are owned, but not the actual haunt or side-exhibits. A few people there are full employees, some are part time, some are stipened (he gives main characters 10 dollars and says not to call it pay). As far as his pay, that's over my head. We all know he does very very well. With a proclaimed 375,000 visitors (just at the haunt), at 20 dollars each, for 25 minutes per visit, he must do okay. He states that the materials and overhead are 1 million dollars. I hope this spurs some more interesting conversation.

AK lawyer · Jun 9, 2011, 06:13 PM

That's $7.5 million gross profit, as I figure it.

Maybe I should be in the haunt business. :)

As I discussed earlier, a corporation can be either for profit or non-profit, but a non-profit cannot be owned. So it's strange (assuming it's a non-profit) that your reseach has revealed it's owned by a LLC.