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A Club Manager's Guide To A Personal Injury Suit

1166 words - 5 pages

IntroductionAccidents can and do happen. People can be injured. Property can be damaged.Accidents can have serious repercussions for any business, from bad publicity to an expensive lawsuit award. At any moment in America, millions of people are driving, walking, shopping, traveling, and working, so it is no wonder that accidents and injuries have become an inevitable part of life. The largest and fastest growing portion of the legal profession is in the area of personal injury lawsuits. The filing of personal Injury lawsuits in America is increasing at a rapid rate. In this analytical paper I will be discussing "a club manager's guide to a personal injury suit" by Stephen Barth.A Club Manager's Guide to a Personal Injury SuitThe article by Stephen Barth discusses a particular case of Joan Taylor. Ms. Taylor, dining at a club, which she is a member of. When dining at the club one evening, goes out to her car to retrieve her purse. While she is in the parking lot, she is assaulted. She suffers physical harm, fear during the attack, and a lingering apprehension about being out after dark by herself (Barth, 2001, p. 82).In a case like this, immediate action should be taken from both the club manager and Ms. Taylor. The fact that mishaps are fairly commonplace does not detract from the pain and confusion that can result when an accident or injury happens. This is especially true when any harm could have been avoided.Some immediate action both parties can take is (1) take notes on the incident and Ms. Taylor's injuries--more complex cases can last a long time, so having a clear record to refer back to can contribute toward the success of the case. (2) Preserve evidence and take photos--preserving physical evidence itself may not always be possible in every case involving an accident or injury, however, when at all possible your best option is to take clear and detailed photographs of the area where the injury occurred, from multiple angles, and ideally under the same conditions, i.e. time of day, lighting, and weather. (3) Obtain and use a police report--while a police report itself probably will not be admissible in civil court proceedings, it can go a long way toward gaining negotiation leverage in any personal injury dispute. Obtaining the above information will help to answer some questions that will most likely appear at the trail. For example:1.) Were the lights in the parking lot working well enough to minimize the chance that a guest would be assaulted?2.) Was management vigilant in eliminating potential hiding places for would be assailants?3.) Had the club experienced similar incidents in the past, and if so, what precautions had been taken (Barth, 2001, p. 82)?Managers and anatomy of a personal injury lawsuitDemand LetterTypically, a manager will learn that he, she, and/or the club is being sued when a demand letter is received. The demand letter comes from an attorney who has been contacted by the injured plaintiff and has agreed to take...

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