Help Needed Asap

[kim_so_sexy]

What is the name of your state? TX

Help Needed Asap

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What is the name of your state? TX


I went to a night club. I was out on the patio. My friends and I were sitting and realize that the patio had been recently painted. Paint was only on my pants so I had to go home and change. Before then I spoke to the manager and he agreed to pay for my pants. Well when I get home I realize that the pant that was on my pants got on my leather car seat. I had nothing to cover my seat plus my pants felt dry. My only choice at that point would have been to take my pants off in Downtown and drive home bottomless.
The manager refuses to pay for the repairs to my seat. So my question is....Is he or the club liable for my car seat?



.....Oh yeah when I got back of course the entire patio area was blocked off and I notice several people in the club walking with paint on there clothes.

 

[ENASNI]

LooK Little Missy, Stop triple posting and if you delete all responses that do not agree with your own personal thinking you can just not post at all.

What I had first written before you deleted it is a valid response.
I had posted that you cannot hold the club responisble because even if your clothes "felt" dry you KNEW there was paint on them. You KNEW you had leather seats, and there was an alternative to sitting straight onto the seats. There WAS a newspaper machine on the corner. Or something you could have used to cover the seat and it WAS your fault.

Go ahead and delete this again. Help ASAP... sheesh.. I thought this was something major.
Sheesh.. money for nothing and stupid chicks for free.

 

[badapple40]

There are two issues here.

The owner/bar is liable for the paint to clothing because they painted their furniture/had it painted, probably knew that it had been painted, and failed to warn their guests/patrons of the wet paint.

So, the paint is on your clothing, but you don't have specific knowledge as to how quickly it dries. However, the bar owner would have that knowledge based on the fact that they would know when the paint was originally applied and when it got on your clothing.

A. Damage must be foreseeable

But to render them liable for your car, it would have to be foreseeable that you would go home from the bar, in your car, to change. Did the bar charge a cover? If so, that probably makes it less foreseeable you would go home since most folks tend to stick around in bars that charge a cover. If it is not foreseeable, you fail to prove up proximate cause. Frankly, I don't know if you've met proximate cause or not. While it is a somewhat loose standard, it seems to me that your damages are somewhat out there. If you told the manager you were going to drive home to change, that probably makes a difference, along with whether they charge a cover.

A. Comparative negligence and assumption of the risk.

But thats not the end of the story. Then there is comparative negligence and assumption of the risk.

You are probably partly to blame for this. As Ensani said, you knew you had paint on you, and you went to sit down on your car. Could you have put anything down, like a towel, like a newspaper, etc. Should you have known the paint was not dry? Did you try checking it with your hands?

Tex. Civ. Prac. & Rem. Code § 33.001 provides "...a claimant may not recover damages if his percentage of responsibility is greater than 50 percent."

Moreover, Tex. Civ. Prac. & Rem. Code § 33.012(a) provides that "If the claimant is not barred from recovery under Section 33.001, the court shall reduce the amount of damages to be recovered by the claimant with respect to a cause of action by a percentage equal to the claimant's percentage of responsibility."

So, you are definately partly to blame. The question is, "how much?" I can't answer that. It may depend on facts like how long you stayed at the bar before leaving, or, more to the point, how long after you sat in the wet paint before you got in your car? Assuming you can meet foreseeability, you may be able to hang your hat on the notion that the bar had greater knowledge of the time it took the paint to dry, rendering them more culpable than you. Even if you can show that they are 50% or more responsible, you will not get all your damages back.

C. Conclusion

It may be worth filing an action against the bar. I don't know what the damage is in terms of dollars, but if it cost you less than $200 to clean/repair, I wouldn't bother. If it cost you more than $200, I would want to know how long between when you sat in the paint and when you left, what steps you took to see that the paint had dried or not, whether you told the manager you were leaving to change, whether or not the bar charged a cover, etc.

--BA

 

[rmet4nzkx]

When you returned, did you inform any of the other people that the had paint on their clothes. Remember there is the Karma Theory.

 

[kim_so_sexy]

Thanks

Thank you for your replies. FYI I DID NOT DELETE ANY POSTING. As you can see I am a junior member......meaning I am new. Anyway I did Tell the manager when I spoke to him that I was going home to change and he told me that I could. I had 2 other girls with me and for the other posting yes I told every one I saw with paint that the had it. They knew and said he offered to pay for there clothing.

Thanks again for all informative opinions! Yes I knew the paint was there and logically I should have not gotten into my car. But my posting was to determine if legally they could be held responsible.