Legal Issues: Have any of you been sued in audio / recording related cases?

[NorseHorse]

In response to some threads over in the Remote forum regarding legal issues, taxes, and the risks of getting sued, I had a question. How many of us have actually gotten sued? Or even been threatened at being sued? I'm refering to cases regarding audio, recording, and the services we/you provide.

Hopefully it isn't many of us, but if it's you, could you please share your story? Are our fears of being sued grounded?

Thanks! Here are some of the threads that inspired my thoughts:

Legal dealings for Remotesters......

lawyers, legal issues and contracts...oh my!

Help me set up a LLC

Oh my! - Royalties & licensing fees for CDs: Free, Archival & Unreleased.

[piano]

No fear about being sued. It takes money to sue someone - lots of it, lots of it upfront. You pay for the ability to sue some one.

The person suing is PAYING for the "privilege" of suing. Most lawyers do not take contingency cases unless it's a slam dunk of getting paid. And if a contingency case goes on too long you can bet your lawyers will pressure you to settle so they can get paid.

If the state comes after you --- that's a different story --- comparatively speaking to a private person, there are big funds behind prosecutors. The state going after a music guy is unlikely. They would rather spend the time and money going after bigger fish.

My opinion.... based on experience. The law sucks, cops suck, lawyers suck (literally your money) and judges suck. I have no respect for them like I did growing up. Ok, sure they not all are bad --- but certainly over 70% of them - easily. It's a corrupted system at this time.

Indeed, what ever happened to the days where you respected these people and the law of the land? It's broken now and needs some serious fixing.

[Seamus TM]

Outside of some unique cases, I think that the fear of being sued doesn't actually have anything to do with recording.

It can happen to anyone who opens up their doors to people that they don't know.

Call me paranoid.

"You don't know whatcha got, until it's gone".... as the tune goes.

Does that mean that I think the studio will get sued for 10 million dollars if we look at someone funny?
Of course not.

Does it mean that I think if someone falls down the stairs at our place and breaks an arm and a leg and has hospital bills up the a$$ that they will sue for those bills?
Well, yeah.

You have to be honest with yourself about how much exposure you have.

There is NO good reason not to protect yourself.
It's sad, I know, but the truth.

[vixapphire]

your larger recording-related risk of suit would come from slip and fall injury on the premises. if your studio is in your home, your homeowners insurance will ordinarily cover such injuries to guests. if your studio is in another location, you should make sure you've got insurance that would provide for your defense in such contingencies. it is worth it.

[tarnationsauce]

Originally Posted by vixapphire

your larger recording-related risk of suit would come from slip and fall injury on the premises. if your studio is in your home, your homeowners insurance will ordinarily cover such injuries to guests. if your studio is in another location, you should make sure you've got insurance that would provide for your defense in such contingencies. it is worth it.

I wonder if you can have them sign a waiver?

[NorseHorse]

Originally Posted by vixapphire

your larger recording-related risk of suit would come from slip and fall injury on the premises.

Yes, I've heard this, but has anybody had this ACTUALLY happen?

[sonare]

I think that the fact that no one has heard of any location recordist being sued is a good indicator of how much you need to worry about it.

TALK about suing someone is cheap-- actually paying a lawyer to do it is different.

Rich

[audibell]

The Fire Marshall at orch gigs here sometimes has a looksee and fortunately concentrates on counting noses in the hall and seeing the stage crew keeps exits and aisles clear. The management, however, demand almost no cables where the public may trip and sue, which has its challenges. The threat is, of course, that non-compliance means no call-back. So power cords are taped to the skirting boards, mic stands are yellow taped and battery-lit at the floor and if it flexes, tape it! So far, so good but the guy with the stereo mic & DSD recorder on a stick has a strong argument with which to get the archival concert work.
Years ago, I saw what I now know was a Crown SASS mic come down in the 5th row pew with a crump and have people scatter - the civic band played on though.

[Statesman]

Many homeowner's and renter's insurance policies have a personal liability provision that would cover up to a specified about (often $100k) of legal costs if you were to be sued. So even if your studio were in another location, you'd be personally protected at least for that specified amount.

Originally Posted by vixapphire

your larger recording-related risk of suit would come from slip and fall injury on the premises. if your studio is in your home, your homeowners insurance will ordinarily cover such injuries to guests. if your studio is in another location, you should make sure you've got insurance that would provide for your defense in such contingencies. it is worth it.

[asagaai]

[QUOTE]

Originally Posted by Statesman

Many homeowner's and renter's insurance policies have a personal liability provision that would cover up to a specified about (often $100k) of legal costs if you were to be sued. So even if your studio were in another location, you'd be personally protected at least for that specified amount.

A lot of insurance policies for homes have an exclusion clause for businesses- and depending on the specific clauses failure to provide disclosure of undertaking a sound recording business at home will negate your rights to indemnity under the
the policy.

tarnation sauce

I wonder if you could have them sign a waiver?

Nothing stopping you- whether they suceed depends on the Jurisdiction and the law. To have any chance the waiver needs to spell out precisely the risk faced and consequences- for instance- inherent trip risk of mic leads during a full band tracking session, and spelling out likey injuries in event of a fall, and fact that there is no practicable solution to not having leads all over the floor.

But if you have a boiler plate exclusion and someone uses your studio and is electrocuted given faulty cabling etc- I would not hold your breath that the waiver will exclude liability.

Likewise if there is some defect in the buidling that does not meet buidling regs/OHS standards- again would not hold my breath.

IMHO only matters of inherent risk to the activity where it is not reasonably practicable to negate the risk would a waiver have any chance- and trying to uphold against a minor is another issue.

GJ
Newcastle/OZ

[AAsa]

No suit was filed but lawyers got involved when a band I was working with split up.
The two sides where claiming rights to the tracks. I ended up in the middle as the sessions happened to be on my studio drives.

Mostly a pissing match between them.

I did learn the basics of copyright law though.

[NorseHorse]

Originally Posted by audibell

Years ago, I saw what I now know was a Crown SASS mic come down in the 5th row pew with a crump and have people scatter...

I'm surprised. Since the SASS looks like the spaceship, I always figured it could fly...