SENATE BILL: Freedom to Perform Act (voting on redraft) (user search)
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  SENATE BILL: Freedom to Perform Act (voting on redraft) (search mode)
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Author Topic: SENATE BILL: Freedom to Perform Act (voting on redraft)  (Read 8577 times)
Ban my account ffs!
snowguy716
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Posts: 22,632
Austria


« on: December 14, 2011, 09:55:16 PM »

I think it might be best to clarify this by banning legal action against venues or performers in cases that the injury was not directly caused by the venue or performer, and then only if the venue was up to code.

For example, if you are moshing and get trampled, you have no right to sue the venue or performer... but would have standing to sue the venue if it could be proven that they let too many people in, for example.  Or if they had pyrotechnics that injured somebody.

I think this would strike a balance where performers and venues are held accountable as far as they should be... being responsible for the general safety of the audience members... but not to go so far as to allow legal action from audience members who were acting stupid and got themselves hurt.
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Ban my account ffs!
snowguy716
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Posts: 22,632
Austria


« Reply #1 on: January 01, 2012, 11:57:53 PM »

So the venue is responsible if the band commits a crime? Why are we even debating this bill now? We are going from screwing the people to screwing the venue. Ok. Let's just vote on this bill and settle it. As a law student, this debate is annoying me.
You're right that the law, as it is being voted on, is imprecise and opens the flood gates to venues if the groups they host hurt a customer.

The bill should be broken down further to make clear which cases a venue can be sued, a performer can be sued, etc.

I will try to make that clarification if this bill lands on my desk and send it back to the senate.
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Ban my account ffs!
snowguy716
Atlas Star
*****
Posts: 22,632
Austria


« Reply #2 on: January 07, 2012, 05:23:18 PM »

I am revising the bill to make the cases where parties have legal standing more specific.  The bill, as is, pretty much leaves the doors wide open.


1. Parties claiming injury or damages as a result of a concert or other musical performance shall not have standing to sue venues unless the venue has failed to meet federal legal standards.

2.  Parties claiming injury or damages as a result of a concert or other musical performance shall not have standing to sue performers unless the performers are directly involved in the incident causing damages.

3.  Sections 1 and 2 of this bill shall not apply to minors.
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