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This is why you can't do business in the U.S. anymore
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madoka



Joined: 27 Mar 2008

PostPosted: Tue May 24, 2011 10:17 pm    Post subject: This is why you can't do business in the U.S. anymore Reply with quote

As soon as I read about the toddler's death in November, I wondered when the lawsuit would come. Now it's here:

The family of a toddler who died after plunging at least 30 feet from a luxury box at Staples Center filed suit against the owners of the venue alleging that a poorly designed barrier led to the incident.

The suit, filed in Los Angeles County Superior Court, names Staples Center owner Anschutz Entertainment Group, and the operator of the arena, L.A. Arena Co., as defendants in connection with the death of Lucas Tang, 2, who fell from the box following a Lakers game last year.

Lawyers for the family of Lucas Tang allege that the barrier in front of the boxes was only 2 feet high and that ownership provided "no warnings of the dangerous condition, either by signs, oral statements by employees, or otherwise."

The plaintiffs allege that the dangerous condition was allowed to persist because the arena would make more money if fans had an unobstructed view of the game, their attorneys Scott Wellman and Stuart Miller said in a statement.

Michael Roth, vice president of communications for AEG, said the firm had no immediate comment because they had not received a copy of the lawsuit.

Moments before the fall, the Tang family -- including Lucas, his parents and 11-year-old sister -- were taking pictures in front of the plexiglass barrier meant to protect fans from the steep drop.

But as the family was reviewing pictures on their digital camera, Lucas somehow made his way over the barrier and plummeted nearly 30 feet, landing on a row of empty seats. Lucas died the next morning at a local hospital. He would have turned 3 in January.

It was the first fatality of its kind at the arena, which opened a decade ago.

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Hey, what parent could have possibly known that a 30 foot fall could kill a 2 year old kid. There should have been warnings plastered all over so people would know.

The parents should have also sued the camera manufacturer for creating a distracting device, plexiglass manufacturers for making it clear, the Lakers for causing the family to come out to see them, the city of LA for allowing Staples Center to be built, and all the popcorn vendors for failing to catch their kid.
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Italy37612



Joined: 25 Jan 2010
Location: Somewhere

PostPosted: Tue May 24, 2011 11:22 pm    Post subject: Reply with quote

They are just looking for a scapegoat so they don't appear to be worthless parents. 100% their fault though. I really hope they don't win the lawsuit.
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jfromtheway



Joined: 20 Nov 2010

PostPosted: Tue May 24, 2011 11:56 pm    Post subject: Reply with quote

I'm struggling to find the larger picture relationship between the title of your post and the text within it. You should elaborate on that. I assume you feel that this particular team of lawyers (and the family of the kid) are banking on the owners of the Staples Center to settle and make them some money, but I don't believe that's something you can equate with an inability to "do business" in the US. It's unfortunate, and I'm sure the family as well as the lawyers will get paid, but the family's own negligence or inattention should also be worth mentioning.

I can guarantee you though, that the Lakers (Clippers or Kings), Staple Center financiers, lawyers from both sides, and other business interests with stake in the SC, will not be losing very much. That settlement will be nothing more than a temporary black eye for their business, a $2000 maintenance fee, and a general blip in their books. The family lost their kid, yes, it's sad, but eventually that will be replaced with money, which is what they want, and there likely isn't a better replacement option available.
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tatertot



Joined: 21 Oct 2008

PostPosted: Wed May 25, 2011 12:42 am    Post subject: Reply with quote

Italy37612 wrote:
They are just looking for a scapegoat so they don't appear to be worthless parents. 100% their fault though. I really hope they don't win the lawsuit.

In addition to not winning the lawsuit, they should be forced to pay Staples Center's legal fees. People need to accept personal responsibility. This isn't the fault of Staples Center. However, the case will probably be settled out of court since the family only wants money and Staples Center won't want to risk a judgment.
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7drunkennights



Joined: 09 Jul 2009

PostPosted: Wed May 25, 2011 9:27 pm    Post subject: Reply with quote

The standard height minimum for barriers or handrails in public places (in western Europe anyway) is normally 1100mm, around 3 feet 8 inches. I would say that either the architects who designed the railing, the construction company who installed the barrier or the person who actually signed off on the project is guilty of professional negligence.
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RangerMcGreggor



Joined: 12 Jan 2011
Location: Somewhere in Korea

PostPosted: Wed May 25, 2011 9:52 pm    Post subject: Reply with quote

Many large companies actually budget a "lawsuit" money sorta
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ThingsComeAround



Joined: 07 Nov 2008

PostPosted: Wed May 25, 2011 10:45 pm    Post subject: Reply with quote

It is a shame they lost a child.
However, they didn't watch him carefully. How long does it take to review photos? On a digital camera? Can't it wait until they are all home? That is not the fault of the business. Confused
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alwaysbeclosing100



Joined: 07 Feb 2009

PostPosted: Wed May 25, 2011 11:38 pm    Post subject: Reply with quote

RangerMcGreggor wrote:
Many large companies actually budget a "lawsuit" money sorta


of course they do.....it is called liability insurance........
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7drunkennights



Joined: 09 Jul 2009

PostPosted: Wed May 25, 2011 11:46 pm    Post subject: Reply with quote

I'm not saying it's the fault of the businness. Its the fault of the professionals whose job it is to minimise the chances that idiots can harm themselves. Obviously it's also the fault of the parents for not taking care of the children also but there is a case if the building regulations weren't followed. Granted i have no idea what the building regulations are like in LA!
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coralreefer_1



Joined: 19 Jan 2009

PostPosted: Thu May 26, 2011 3:34 am    Post subject: Reply with quote

I think what Madoka is getting at is that it is not so much of an inability to "do business" as much as the fact that for what seems like a whole generation now, people have been rewarded in the form of monetary funds for being as irresponsible as they could possibly be.

I am not that old, but i do recall a time when "common sense" was something that was expected of people, and when someone injured themselves or others, they pretty much had to chalk it up to having a lack of common sense, making a poor decision, bad judgement call...etc.

Common sense would tell you that it is not a good idea to go to a construction site drunk and operate nail guns. However if that were to happen and Joe Blow shoots himself in the head with a nail gun, he can and likely will find some lawyer to convince him that he has no responsibility at all and that it is the fault of the nail gun manufacturer for not building safety devices on their product that are "drunk idiot proof"

In other words..it really doesn't matter what you do as a business, if you happen to be unlucky there will always be some way that some person will find away to sue you for their own irresponsibility.



jfromtheway wrote:
I'm struggling to find the larger picture relationship between the title of your post and the text within it. You should elaborate on that. I assume you feel that this particular team of lawyers (and the family of the kid) are banking on the owners of the Staples Center to settle and make them some money, but I don't believe that's something you can equate with an inability to "do business" in the US. It's unfortunate, and I'm sure the family as well as the lawyers will get paid, but the family's own negligence or inattention should also be worth mentioning.

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NohopeSeriously



Joined: 17 Jan 2011
Location: The Christian Right-Wing Educational Republic of Korea

PostPosted: Thu May 26, 2011 3:46 am    Post subject: Reply with quote

This sad American reality comes from the fact that lawyers in every state are abusing more power for their gain.

A lawyer is a bigger threat than a petty drug dealer.
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DorkothyParker



Joined: 11 Apr 2009
Location: Jeju

PostPosted: Thu May 26, 2011 4:18 am    Post subject: Reply with quote

This isn't exactly a small family business. There is not excuse for cutting corners. They can "suck it" as far as I'm concerned. I have no sympathy for corporations.
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coralreefer_1



Joined: 19 Jan 2009

PostPosted: Thu May 26, 2011 4:44 am    Post subject: Reply with quote

DorkothyParker wrote:
This isn't exactly a small family business. There is not excuse for cutting corners. They can "suck it" as far as I'm concerned. I have no sympathy for corporations.


I agree with this, but just based on what was in the OP, there was a two foot high plexiglass barrier. Now maybe it could have been higher, but then again if a 3 year old can climb a 2 foot wall...then maybe a 6 year old could climb a 3 foot wall....7 year old climb a 4 foot wall...teenager climb a 6 foot wall...etc etc etc.

The complaint as stated in the case was that "it was only 2 feet high" and that there were no warnings. If it were higher, then perhaps this child may not have fallen but unless it is up to the ceiling and there is absolutely no way over, it would always be possible for some child, teenager, or enthusiastic adult to get over.

As far as warnings..well..this goes back to the "common sense" I spoke of earlier. Now i do not expect a 3 year old to have that kind of sense, but geez parents know their kids better than anyone...and surely those parents had to know their child not only had the ability to climb over it, but probably rambunctious enough to try. However rather than fault themselves for not being responsible enough to watch after their own child (every parent of a 3 year old knows they can get into something in the blink of an eye) they were too busy with taking pictures and reviewing the pictures they had already taken, pictures that were already stored on the camera (meaning there was no dire need to look at them right that second) and neglected to properly supervise their own child.

While I do have some feeling that maybe the center should have to pay any medical/burial expenses( and that is a stretch), some million dollar lawsuit to make up for the loss of the child is way out of line as far as I am concerned. Those parents lost their child because they were not taking care of him...not because of the building or its glass windows.
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coralreefer_1



Joined: 19 Jan 2009

PostPosted: Thu May 26, 2011 4:58 am    Post subject: Reply with quote

Just to add a bit more to the story..i will relate this.

I used to work in a pizza restaurant as a teenager. There was one customer that used to come in...really nice guy...but he was HUGE and wore a colostomy bag because of some problem with his stomach. If you know what a colostomy bag is, and have ever been around one..then you know the kind of "smell" that comes from it.

That guy came there nearly every lunch, and although more than a few customers complained about the smell..the management's hands were tied as he was "disabled" and asking him to leave or to not return would have been a form of discrimination. (lawsuit heaven)

So one day on a Sunday just after church, the restaurant was full of typical older church folks..and the guy was there. In the booth directly behind him was a group of elderly folks. Well basically one of them caught a wiff of the "bag"..and began dry heaving and eventually threw up all over the table. Sadly for her...during the "dry heaving" as a result of the smell...she broke three of her own ribs.

It wasnt more than a week later we were informed that the elderly lady was suing the company (it was a corporate/chain pizza restaurant very similar to pizza hut) for 300,000 USD to cover her medical expenses and the mental anguish/disturbance she had to endure because of the embarrassment of vomiting in public/pain and suffering.....etc etc...

My point is...in this case (like the OP article) there is not much anyone can do. Cant ask the man to leave, but yet no way to prevent that elderly woman or any other customer from smelling that scent. Spray the man down with air freshener and he complains/sues///ask him to leave and he complains/sues..let him stay and customers complain...and one eventually sued.
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Fox



Joined: 04 Mar 2009

PostPosted: Thu May 26, 2011 6:57 pm    Post subject: Reply with quote

coralreefer_1 wrote:
It wasnt more than a week later we were informed that the elderly lady was suing the company (it was a corporate/chain pizza restaurant very similar to pizza hut) for 300,000 USD to cover her medical expenses and the mental anguish/disturbance she had to endure because of the embarrassment of vomiting in public/pain and suffering.....etc etc...


Did she win the lawsuit?
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