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TJ, Esq.
TJ, Esq., Attorney
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Experience:  JD, MBA
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I joined as a food vendor selling beverages at an Asian Festival

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I joined as a food vendor selling beverages at an Asian Festival at Reston, VA. & the director of the event assured me that I will get alot of business and my beverages: bubble tea will be a big hit & the opposite ocurred. I told him many times to assign to a high traffic sibility area at the event. But instead he assign to a the worst hidden space to all the way to the end of the park. He made me loose a lot of money because he told me to sell many flavors & I purchased restaurant & food supplies & the rental spot was very expensive. The ice bags was never delivered & I paid for it & the lectrcity was not delivered & delayed for 2-3 hours which caused me to loose alot of mone. Top it off, the park had a shuttle bus that brings people back to their parking lot & the shuttle bus did not have any lights at night, it was dark & I slip & slided down the stairs of the shuttle bus & badly hurt my upper thigh - I bleeded & was badly bruised. Am I able to file small claim suit against them?
Submitted: 5 years ago.
Category: Business Law
Expert:  TJ, Esq. replied 5 years ago.

Hello and thank you for allowing me the opportunity to assist you.

Question: “Am I able to file small claim suit against them?”

Answer: It sounds like you have a couple of issues here.

With regard to the first issue about the loss of sales, did you have a contract that stipulated that you’d be placed in a high visibility area? Do you have a written guarantee about sales? If you do, then you may have a decent case against he promoter of the event for loss of revenue due to breach of contract. If you have no such contract, then I’m afraid you have no case since you can’t establish that the promoter owed you a duty to place you in a high visibility area.

With regard to your second issues about the shuttle bus, you may have a case for negligence, but you'll need to prove that you fell because the bus should have had lights and didn't. You’ll need to sue where the accident occurred, or where the promoter lives (they may be in the same jurisdiction). Unfortunately, you won’t be able to sue in Brooklyn. Also, you'll only be able to win an amount that equals your out of pocket expenses, plus pain and suffering. If you didn't have any medical bills, then your judgment may be small. Punitive damages, which can be quite large, are only awarded in cases where the defendant purposely caused injury or totally disregarded the plaintiff's safety (this is called "gross negligence"). It sounds like ordinary negligence in your case.

Have I satisfactorily addressed your concerns? If not, then please feel free to ask for clarification.

.

DISCLAIMER: Please be aware that only an attorney licensed in your state is authorized to advise you in legal matters, and that the limitations of this setting may prevent your legal issues from being thoroughly addressed. Accordingly, please understand that (1) by answering your question(s) I am not acting as your attorney, (2) my answer(s) should be construed as general information only, and (3) our discussion is not an adequate substitute for an in-person consultation with an attorney.

Customer: replied 5 years ago.
No - I did not have a contract that stipulated that I’d be placed in a high visibility area but the event director ensured via email that I would be placed in a high visibility area.

No - I did not have a written guarantee about sales, but the event director ensured me via email that my business would very good and my beverages would be a big hit because he told me that limited all the other food vendors not to sell any beverages except only the event director is allowed to sell other beverages.

Another important factor, was that the event director failed to deliver electricity service to the food vendor at 10 am and we paid for the electricity service that was not delivered on time. The electricity service delivery was delayed and arrived late around 1 pm and as a result we lost 3 hours of business which caused me to loose alot of money. Am I able to file suit against the event director for failing to deliver electricity service on time?

There was a Liability Waiver on the food vendor form that states the following: I hereby, for myself, my heirs, and executors waive, release, and forever discharge and all rights, and claims for damages, demands, or actions which I may have or may hereafter accrue to me against Thai Tennis Organization (TTOA), Reston Association, TETRA and its affiliated owners and all other sponsors of the Asian Festival 2009 for any and all injuries suffered by me in any manner in
said events. I further understand that I have read Asian Festival Rules & Regulations and agree to comply.

In addition, another issue is that a korean food vendor tried to steal and snatch my 100 foot electrical cord from me and caused me to get injured and bleed from my hands!! He was totally wrong. The event director got very mad and yelled at the korean food vendor man and told him that this electrical cord belongs to us and that he's is supposed to prepare and bring his very own electrical cord for usage in this event. The korean food vendor guy ended injuring my relative's hands and caused my relative's hands to bleed alot because he tried to pull and snatch, grab and steal the electrical cord with full force from my relatives hands. Am I able to file lawsuit against the korean food vendor and press charges on him?

I apologize, it wasn't a shuttle bus it was a golf cart. This was the situation, 2 guys driving a golf cart who was collecting garbage from ev ery food vendor space asked us if we needed help or needed a ride. And we said yes and he did us a favor but it was dark at night (around 9 pm) and my relative could not see at night so when she wanted to step in the cart, she slip and slided on the golf cart and ended up badly injuring her upper thigh which was bruised and bleeding. Am I able to file lawsuit against the Golf cart guys who should at least had lights at that late at night. The event was from 10 am to 10 pm. I had business insurance policy for the 2 day event.

Going on forward, is there any advice you could offer me to ensure a smooth, successful, and injure free for my food vendor participation at events?


Expert:  TJ, Esq. replied 5 years ago.

The waiver is pretty straight forward. It appears that you agreed not to hold anybody associated with the Festival liable for any of your losses. You can’t waive your right to sue for gross negligence, but you can waive your right to sue for other types of liability, including ordinary negligence and breach of contract. I don’t see any gross negligence from what you describe. I wish I had better news for you.

The golf cart drivers are probably not liable either since they were not any sort of commercial carrier. It sounds like it was a simple matter of somebody offering you a ride on a golf cart. That makes a big difference because the duties owed to passengers is different. A carrier owes a very high duty. Somebody just offering a ride as a favor does not owe such a high duty. Simply put, the drivers of the golf cart owed you no duty to provide lighting. Based on what you wrote, I doubt you’d be able to win a lawsuit against them. Again, I wish I had better news.

I regret that my answer is unfavorable, but please understand that it would be unfair to you (and unprofessional of me) to provide you with anything less than a truthful response. With that in mind, I hope that you found some value in my answer. If so, then please remember to click the green accept button so that I will receive credit and compensation for my time. Positive feedback is always appreciated as well. Thank you and good luck!

.

DISCLAIMER: Please be aware that only an attorney licensed in your state is authorized to advise you in legal matters, and that the limitations of this setting may prevent your legal issues from being thoroughly addressed. Accordingly, please understand that (1) by answering your question(s) I am not acting as your attorney, (2) my answer(s) should be construed as general information only, and (3) our discussion is not an adequate substitute for an in-person consultation with an attorney.

 

 

Customer: replied 5 years ago.
I don't know if you read my reply thoroughly because I included in my previous reply to you that there was another issue which was a korean food vendor tried to steal and snatch my 100 foot electrical cord from me and caused me to get injured and bleed from my hands!! He was totally wrong. The event director got very mad and yelled at the korean food vendor man and told him that this electrical cord belongs to us and that he's is supposed to prepare and bring his very own electrical cord for usage in this event. The korean food vendor guy ended injuring my relative's hands and caused my relative's hands to bleed alot because he tried to pull and snatch, grab and steal the electrical cord with full force from my relatives hands. Am I able to file lawsuit against the korean food vendor and press charges on him?

Going on forward, is there any advice you could offer me to ensure a smooth, successful, and injure free for my food vendor participation at events?

Expert:  TJ, Esq. replied 5 years ago.
Ahhh, yes. I'm sorry for not addressing the Korean food vendor. You can indeed file a lawsuit against him. However, you must keep in mind that you will only be entitled to your actual damages. That means out-of-pocket expenses (such as medical bills), and pain & suffering. The latter is directly related to the former. Therefore, if your medical bills are nominal, you can expect your pain & suffering award to be nominal as well. Because of that, it may not be worth filing a lawsuit. Of course, sometimes the principle is more important than the monetary award. If you feel strongly about it, then you may want to file suit so that the Korean food vendor knows that he was wrong and has not gotten away with his bad conduct. As mentioned earlier, you can only sue where the injury occurred (Virginia), or where the Korean food vendor lives.

As for future legal advice, I suggest that you do not sign a liability release/waiver, though I realize that you may not have a choice. I also suggest that you get all guarantees in writing and signed by the director/promoter so that you can hold him to his promises if he does not deliver what he promised. Those are you two biggest problems in this particular case: (1) you waived your right to hold the director liable, and (2) there was no written contract.

Good luck in the future!



DISCLAIMER: Please be aware that only an attorney licensed in your state is authorized to advise you in legal matters, and that the limitations of this setting may prevent your legal issues from being thoroughly addressed. Accordingly, please understand that (1) by answering your question(s) I am not acting as your attorney, (2) my answer(s) should be construed as general information only, and (3) our discussion is not an adequate substitute for an in-person consultation with an attorney.

Customer: replied 5 years ago.
It was a medium to big cut on my relative's thumb of his hands and bleeding. Now it's almost healing, I think about 2 weeks it will heal. But I think the out of pocket expenses for this injury is most likely not high. But I am very angry and frustrated at the korean food vendor because he should taught a lesson because he is wrong doing bad conduct. Am I able to call the Virginia Police and make a report about it and have this korean food vendor person arrested?

In the event, this was to occur again in the near future, should I take a picture of the person injuring me with a camera phone and then call the police (911) to press charges and arrest this person who injred my relative?

Therefore a email is not a written guarantee? You mean I must have it in writing?

Do you know how to extend a statue of limitation? Do I have to make an appointment with the congress, legislative, or senator to explan my situation of my case and request them to please extend the statue of limitation, so that I can file a lawsuit on my case?
Expert:  TJ, Esq. replied 5 years ago.
You can file a police report, but more than likely nothing will come of it since the injury is not great, and the incident happened days or weeks ago. In the future, if it should happen again, then calling the police immediately during the incident could result in an assault charge. If you want, call now just to be certain ... it's possible that something will come of it (though, as I mentioned, it's probably unlikely).

An email can be a written guarantee if it is proof of the terms of the contract. But it is far from optimal. If you want to protect yourself in the future, get it written on a piece of paper that is signed by the director. There is too much room to argue that an email was not intended to be a part of the contract. Of course, it's moot in this case because you signed the release of liability.

A statute of limitation can be extended when a plaintiff could not have known about his injury. In such a caes, the statute of limitations will not begin to count until the person knew of his injury or should have known of his injury. It cannot be extended by requesting an extension from Congress, Senators, the President ... anybody.



DISCLAIMER: Please be aware that only an attorney licensed in your state is authorized to advise you in legal matters, and that the limitations of this setting may prevent your legal issues from being thoroughly addressed. Accordingly, please understand that (1) by answering your question(s) I am not acting as your attorney, (2) my answer(s) should be construed as general information only, and (3) our discussion is not an adequate substitute for an in-person consultation with an attorney.

Customer: replied 5 years ago.
I and my relative was unknowledgeable about the law at that time and we trusted what our lawyer told us because we paid huge amount of money to him. It was our lawyer's fault, because he gave us bad advice and misleaded us that we could wait 3-5 years to file civil lawsuit for fraud arrest case. That is why it delayed us 4 years to file civil lawsuit. And when we did go back to him on early 2007, he told us that he closed our fraud arrest case.

The original charge was grand larceny in the third degree, P.L. 155.35, a class "D felony. It was setup and framed by the bad corrupted police detectives and the two women who orchestrated the fraud arrest. Our lawyer said that they committed fraud arrest and fraud imprisonment. It should of been a civil suit. The final disposition of the criminal case was not guilty and dismissed and our finger prints was sealed.

Our lawyer said just because you borrow money from the two women who agreed to loan it to you, then it doesn't mean that they can break down/damage your door and damage your car and then frame you and instruct the detectives to fraud arrest you.

At least are we able to sue the lawyer that mislead us and gave us bad advice and the two women who framed us and the newspaper company who printed the fraud stories that severely damaged our wind energy business and personal character?

Under these circumstances, are we able to extend the statue of limitation through Congress and Legislature? We still owe a lot of money to friends that loan me money for our case and our wind energy business was damaged and destroyed by these two women and corrupted police officers that framed us and committed fraud arrest.
Expert:  TJ, Esq. replied 5 years ago.
I believe I answered your initial questions. You're going to need to start a new question thread about the legal malpractice case, the defamation case, the larceny case, etc.

Good luck!

.

DISCLAIMER: Please be aware that only an attorney licensed in your state is authorized to advise you in legal matters, and that the limitations of this setting may prevent your legal issues from being thoroughly addressed. Accordingly, please understand that (1) by answering your question(s) I am not acting as your attorney, (2) my answer(s) should be construed as general information only, and (3) our discussion is not an adequate substitute for an in-person consultation with an attorney.

TJ, Esq., Attorney
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