Slip and fall at Madison Sq. Garden

[dkahlona]

What is the name of your state?NY

Question

On June 5, 2004, my mother & I attended the McDonald's Gospelfest Competition & Concert at MSG. Many of the audience were participating churches and concert-goers. 99% were Baptists & Pentacostals who love to praise God by shouting. There were lots of shouting by concert-goers and participants in the aisles... just like a regular "Holy Ghost" tent revival. The ushers never asked any of these people to keep the aisles clear. As my 81 year old mother was making her way up the stairs to leave, one of the shouting concert goers accidentally pushed and knocked my mom off balance. My mother fell up the stairs breaking her glasses for which either the stairs or the glasses caused a bloody gash under her eye. MSG provided medical service and an ambulance ride to Roosevelt Hospital. MRI & X-Rays of right shoulder and arm (she's right-handed) subsequently showed no concussion or fractures. Mom received 3 stitches under her eye. She is under doctor's care and a PT'care. She gets headaches and is very sore. She can't raise the injured arm w/o difficulty. She she have legal recourse: can she MSG sue? She can't sue the individual because she doesn't know which shouting individual pushed her.

 

[John/nyc]

What is the name of your state?NY

Question

On June 5, 2004, my mother & I attended the McDonald's Gospelfest Competition & Concert at MSG. Many of the audience were participating churches and concert-goers. 99% were Baptists & Pentacostals who love to praise God by shouting. There were lots of shouting by concert-goers and participants in the aisles... just like a regular "Holy Ghost" tent revival. The ushers never asked any of these people to keep the aisles clear. As my 81 year old mother was making her way up the stairs to leave, one of the shouting concert goers accidentally pushed and knocked my mom off balance. My mother fell up the stairs breaking her glasses for which either the stairs or the glasses caused a bloody gash under her eye. MSG provided medical service and an ambulance ride to Roosevelt Hospital. MRI & X-Rays of right shoulder and arm (she's right-handed) subsequently showed no concussion or fractures. Mom received 3 stitches under her eye. She is under doctor's care and a PT'care. She gets headaches and is very sore. She can't raise the injured arm w/o difficulty. She she have legal recourse: can she MSG sue? She can't sue the individual because she doesn't know which shouting individual pushed her.

Most plaintiff personal injury lawyers will take cases on a contingency basis. This means that there will be no fee unless the case is successful. Because of this the lawyer looks at the case to determine of it will be successful (on law and fact) and they also look to determine if there will be enough monetary damages to make it worthwhile to take the case. Therefore it might be that you have a legal case but not a practical case. Recovery might not be enough to make the case worthwhile, but that is for a lawyer to decide.

 

[VR_Hunter]

What is the name of your state?NY

Question

On June 5, 2004, my mother & I attended the McDonald's Gospelfest Competition & Concert at MSG. Many of the audience were participating churches and concert-goers. 99% were Baptists & Pentacostals who love to praise God by shouting. There were lots of shouting by concert-goers and participants in the aisles... just like a regular "Holy Ghost" tent revival. The ushers never asked any of these people to keep the aisles clear. As my 81 year old mother was making her way up the stairs to leave, one of the shouting concert goers accidentally pushed and knocked my mom off balance. My mother fell up the stairs breaking her glasses for which either the stairs or the glasses caused a bloody gash under her eye. MSG provided medical service and an ambulance ride to Roosevelt Hospital. MRI & X-Rays of right shoulder and arm (she's right-handed) subsequently showed no concussion or fractures. Mom received 3 stitches under her eye. She is under doctor's care and a PT'care. She gets headaches and is very sore. She can't raise the injured arm w/o difficulty. She she have legal recourse: can she MSG sue? She can't sue the individual because she doesn't know which shouting individual pushed her.

**I am truly sorry to hear your Mother was injured. Especially at her age. I hope she recovers soon. It sounds like MSG did their best to assist after the accident.

Now, for the blast. I can't believe you are even considering suing MSG for an accident caused by another patron. You and people with your same attitudes are the reason we having rising insurance and legal costs. Get a grip on life. Next time I suggest you are there to assist your 81 year old Mother up the stairs when there is obviously a high risk of accidental bumping going on. I suggest your Mother "sue you" for not being there to give her a hand up the stairs in her time of need. It's called negligence.

 

[dkahlona]

Calm down

Thank you for your honesty. My mother was with a friend who walked ahead of her, instead of beside or behind her. They had front row seats; I was up on the mezzanine. My mom had a wonderful time, regardless of the fall. However, the point is that the aisles should have been cleared. I've been to enough concerts to know that folks can't dance in the aisles and block it because that's a safety hazard. My mom needs extensive physical therapy and SHE pays heftifly for her major medical. Medicare doesn't cover it all. Even if MSG agreed to pay for the non covered PT and deductibles, she'd be happy, and so would I. My mom worked all her life through the depression, segregation and worked a hard life in a factory until she retired due to a medical disability . She's not out to scam anyone, and neither am I. Pay Ceasar what is rendered to Caesar. Maybe you need a good malpractice attorney since obviously your doctor misdiagnosed your symptoms. An exploding head is a serious matter.

 

[VR_Hunter]

Maybe you need a good malpractice attorney since obviously your doctor misdiagnosed your symptoms. An exploding head is a serious matter.

Thank you for your concern. My head has not exploded and, as far as I know, my brain is still there.

Your correct in assuming I get bent out of shape when it comes to people who sue for no other reason than to get some cash. (That may not be you) Your original post stated "You and your Mother" no third party. I still say the third party should have been there to assist an 81-year-old woman going up stairs in the middle of a revival type scenario. However, the assistance of you or the third party is irrelevant to the question of a law suit. Again, I am sorry to hear she was hurt at all.

I understand how expensive medical bills can be. My parents are both being slammed with high medicine and medical bills. It is ridiculous how much the American public must spend on treatment. I don't have a fix for this, but I know the fix isn't to find somebody to sue every time someone gets hurt or hurts himself or herself through negligence. No I am not suggesting your mother was negligent. Maybe the third party, but I wasn't there.

I have also been to concerts. Not one was able to keep the isles completely clear. Not one.

This is strictly my opinion: Even if your mother had gotten the name of the idiot who bumped an 81 year old woman to the ground, it shouldn't resort to a law suit. If it were done on purpose or due to alcohol or drug abuse, then yes. If it was a complete accident, then no. This country is way to "law suit" happy.

Again, my opinion and advice: Down to the nitty gritty of your post....MSG was not responsible for your mothers accident and therefore should not be sued. Nothing was wrong with the stairs and nothing was on the stairs to cause the fall such as liquid, food, etc. (I make that assumption since you didn't use that in your post, anywhere) While the person should have been in their seat, who is to say the person wasn't on their way up or down the stairs? Just supposition. You are free to do as you wish. Based on what you have posted, I do not believe you have a strong enough case to sue MSG. If you feel the need to sue, then you must contact a local attorney for consultation.

I send a prayer in hopes that your mother recovers quickly, with minimal pain, minimal suffering and all the assistance she can get.