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The Basement
More Outdoor Concert Woes- The Aftermath
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<blockquote data-quote="Tim McCulloch" data-source="post: 41774" data-attributes="member: 67"><p>Re: More Outdoor Concert Woes- The Aftermath</p><p></p><p>All USA commercial drivers are legally responsible for their cargo, it's their JOB to know what is in their truck or bus trailer. I took no position on the validity of the claim, but merely to show that the coach company had more potential liability than JBL. Also, the potential violations would probably be limited to the "Placard" on the trailer as small quantities of commercial pyro can be transported legally with most common consumer or industrial goods. From a lawsuit standpoint, though, this is still reaching.</p><p></p><p>Perhaps more to the point in the Indiana State Fair situation is that Indiana has a cap on damage awards from the State's negligence. This encourages plaintiffs to name as many defendants as they can, to ensure a sufficient pool of possible damage awards. It's easy to be an armchair quarterback and say "we need to limit tort case awards" when one hasn't lost a loved one or sustained disabling injuries. I wonder how many 'tort reformers' are now plaintiffs in a variety of cases.</p><p></p><p>I still think that regardless of the robustness of the roof system, the primary cause of death and injury in this case was the Fair officials not cancelling the performance and clearing the area immediately around the stage. Other possible causes of the roof failure (insufficient design factor, incorrect or incomplete assembly, compromised components of the structure...) come into play regarding the actual collapse of the structure, but had there been no workers in the rigging or on the deck, had there been no audience in the "SugarPit", then nobody would have died or been injured in the manner we witnessed.</p><p></p><p>Discuss at will, but remember that there were a number of empty seats at Thanksgiving dinner yesterday. And ultimately, that's what this is about.</p></blockquote><p></p>
[QUOTE="Tim McCulloch, post: 41774, member: 67"] Re: More Outdoor Concert Woes- The Aftermath All USA commercial drivers are legally responsible for their cargo, it's their JOB to know what is in their truck or bus trailer. I took no position on the validity of the claim, but merely to show that the coach company had more potential liability than JBL. Also, the potential violations would probably be limited to the "Placard" on the trailer as small quantities of commercial pyro can be transported legally with most common consumer or industrial goods. From a lawsuit standpoint, though, this is still reaching. Perhaps more to the point in the Indiana State Fair situation is that Indiana has a cap on damage awards from the State's negligence. This encourages plaintiffs to name as many defendants as they can, to ensure a sufficient pool of possible damage awards. It's easy to be an armchair quarterback and say "we need to limit tort case awards" when one hasn't lost a loved one or sustained disabling injuries. I wonder how many 'tort reformers' are now plaintiffs in a variety of cases. I still think that regardless of the robustness of the roof system, the primary cause of death and injury in this case was the Fair officials not cancelling the performance and clearing the area immediately around the stage. Other possible causes of the roof failure (insufficient design factor, incorrect or incomplete assembly, compromised components of the structure...) come into play regarding the actual collapse of the structure, but had there been no workers in the rigging or on the deck, had there been no audience in the "SugarPit", then nobody would have died or been injured in the manner we witnessed. Discuss at will, but remember that there were a number of empty seats at Thanksgiving dinner yesterday. And ultimately, that's what this is about. [/QUOTE]
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