gregg lindsley on fri 7 sep 01
Hi Cat
Here's a follow up to the note i sent earlier:
You might start with the group, Bay Area Lawyers for
the Arts. They might be able to recommend a lawyer in
your area who has expertise in this kind of situation.
Or they might be able to help.
The address web address is: www.usattorneys.com
Phone 415-775-7200
Fax 415-775-1143
It's always hard to know what to do in the heat of
the moment, unless you practice the senario over and
over again. And even then....
The shock of the unexpected, and the reaction of
people like this girl when jeez, we're just trying to
sell the pots we've poured our hearts and souls into,
is a shock nonetheless. This is part of the business
of selling, and I suppose we should all be insured
privately for each show for this kind of accident,
both for our work and others' injuries. Yes, another
expense, but perhaps necessary nonetheless. Perhaps
Wendy Rosen could help with a business perspective
that could help the average studio artist.
Hope this helps, and this comes to a sucessful
resolution.
Kind regards,
Gregg Allen Lindsley
Earth and Fire Pottery
10325 Brookside Drive
Whispering Pines Ca 95426
--- Cat Jarosz wrote:
> Hello Everyone... I was hoping that an
> incident that happened at the
> july 01 southern highland guild fair at the
> Asheville Civic Cnter in my booth
> was over and done with but its reared its ugly head
> today.... Here is the
> scoop.... one of the worst things that can happen
> to a potter at a show is
> having someone crash a bunch of work not only that
> but get hurt to boot...
>
> Here is the scoop... it was a saturday and
> the concourse was jammed
> packed full of people ... I have never ever seen it
> wall to wall like it was
> up on that concourse that day... my booth was jam
> packed full of people
> and I was busy wrapping and selling like crazy on
> the other side of the
> aisle... ( no place to do it in my booth ) Well I
> hear CRASH BOOM and
> holey moley everyone was in a state of shock I dont
> think you ever ever want
> to experience something like this ( must have been
> thousands of people,
> sure seemed like it ) a nurse helped the girl who
> had a cut on her ankle
> and she bled all over my rug and made a scene of
> sorts. ( the nurse said if
> the chick had left the wound alone it wouldnt have
> opened up much and as it
> was she really didnt need to go to emergency room)
> .. I tried to calm her
> and not make her worry about the breakage as I wasnt
> gonna charge her for
> it... She broke over 600 dollars worth of work...
> plus ruined my rug...
> She decided she wanted to go to the emergency room
> and get 2 stiches and
> wanted me to pay for it... and had her little
> sister come tell me this and
> get my card... the shelving units in question
> are the snap in place
> type of metal arms into a metal slot... wood shelf
> lay across ... you
> have to lift up on the arms to have them come
> out... I do not know what
> happened I did not see as like I said the place
> was toooo full of people
> .... I saved all the shards even though some
> one wanted them for their
> garden just incase as that sending the little
> sister back had me
> rattled....
>
> today I got a letter and copies of her bill at
> the emergency room plus
> xrays of the ankle.. and instructions to send her
> $ 287. for the medical
> bills she incurred after being injured in my booth
> july 21st...
>
> my guild will not take responsibility and said
> that the fire marshall
> certified the safety of the show and other folks
> who have tripped over
> extention cords that were taped down didnt have a
> leg to stand on( that was
> a different incident with another craftperson ) ...
> another thing is
> what I said right after the accident to calm her
> and the rest of the
> crowd down and not make anyone feel responsible for
> the damage is to tell
> her dont worry its problebly my fault !!!! Yes
> stupid but I was in shock
> and couldnt think of anything else to say so she
> wouldnt feel like she had to
> pay for all that work.. you gotta remember how
> many people were there and
> the dynamics that was happening .... lots of
> hear say went on also a
> fair goer actually saw this woman lift up on the
> shelfing unit and went and
> told a weaver a few booths up from me... She
> would swear on that hear
> say but doesnt know who the person was that told her
> this...
>
> OK I do not have thick skin and I have been
> crying and cant seem to
> focus on my work right now so came in to talk to
> my fellow potters and see
> if any of you can give me some decent advise on what
> to do... that doesnt
> seem like much money but it is to me... then
> again would paying it admit
> guilt and open me for a law suit ??? Just
> writing it with a tear streaked
> face thinking what a dang weenie I am and feeling
> like a fool asking for
> advise on this list... Has anything similar
> happened to anyone here ??
> What did you do ?? I have used this booth safely
> for yrs and yrs and yrs
> and never had an incident like this and have other
> potter friends with same
> type booth and shelving that have never had a
> problem.. its possible that
> all those people in my booth and the jostling and
> maybe brushing up against
> the shelves could have loosened it ??? Its all
> speculation really....
> I did not see it happen...
>
> ok people blast away but try to be kind
> I am really feeling LOW
> right now.... Cat
>
>
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Janet Kaiser on sun 9 sep 01
I believe Greg has made the most valid point of all so
far...
It really does not matter what we all THINK
collectively or individually about Cat's situation and
what our personal gut reaction is... were we in her
shoes. Not only should she seek legal advice, it should
be from a lawyer/attorney who has experience in this
field. Someone who is absolutely up-to-date on personal
and/or public liability issues, not a friendly
neighbourhood lawyer or solicitor as we call them in
the UK... (I know "funny ha-ha" for you guys in the
USA) and certainly not our uninformed opinions...
We surely do not want our well-meant and intentioned
advice to backfire and damage Cat's position? So
PLEASE, unless you can give valid examples from your
own experience, do not submit your personal opinion
here. The issue is too important. Our Cat is too
important for us to mess up on, however much we mean
good...
Janet Kaiser
The Chapel of Art . Capel Celfyddyd
HOME OF THE INTERNATIONAL POTTERS' PATH
Criccieth LL52 0EA, GB-Wales Tel: (01766) 523570
E-mail: postbox@the-coa.org.uk
WEBSITE: http://www.the-coa.org.uk
KLeSueur@AOL.COM on mon 10 sep 01
In most communities there is an attorney referral service. Call the referral
service, briefly state the kind of problem, and they will point you to an
attorney who will probably be able to help you. Usually, by using this
service you pay a nominal fee for the first half hour (in Ann Arbor it's
$25).
Kathi LeSueur
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