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.
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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.
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