When lawyers attack! (Your day could be coming…) By Gary Stanfill Colmar Systems

(Editor’s Note: As I was reviewing this relevant commentary from Gary, CNN was reporting the story of a mother being charged by authorities for “allowing” her children to get sunburned.)

When you do something stupid, don’t worry - it’s NOT YOUR FAULT.

No matter how obvious the risk, regardless of warning signs and labels, or how hard you had to work to get into trouble, or that your actions fly directly in the face of good ol’ common sense - the fault lay with SOMEONE ELSE. Or so lawyers (and often, the court system) are all too happy to tell you…

So go ahead, gorge yourself to the point of morbid obesity on double cheeseburgers, super-size fries and chocolate shakes - it’s NOT YOUR FAULT. No, not when there’s an individual and/or company (or better yet, individuals AND companies) to blame. And most importantly, to sue.

But what if you’re on the receiving end of a lawsuit? Suppose some “young adult” blows his/her hearing after years of sitting in the front row at rock concerts at the local arena, notwithstanding consistent playing of home and car stereos beyond the threshold of pain over this same time period?

Well, you can be certain it’s NOT HIS FAULT. Nope - it’s your (or your company’s) fault, because you had the audacity to install the sound system at the local arena five years ago. You know, the system that’s not even used for rock concerts because it won’t do 115dB in the front row?

Far fetched? Don’t bet on it. Dozens of ever-more-frivolous lawsuits are filed every day.

How about when someone trips on the temporary cable cover at an event, you know, the one that’s painted neon yellow and runs behind the stage. The cable cover your sound company never had a thing to do with…

The “unfortunate victim” gets a couple of small scratches that are promptly bandaged by the venue’s medical staff. No problem? Well, it depends upon your perspective, because this is an actual situation in “settlement discussions” right now.

In this case, the “victim” is suing the venue, the act on stage, the lighting company, the temporary stage company, the company doing the live sound and everyone else even remotely connected to the location... along with the small sound company that hung some loudspeakers on the venue’s outdoor lamp posts months before.

The basic game plan is to sue everyone in sight and get all parties (or their insurance companies) to settle for a few thousand dollars each. But the lawsuit also offers a grand opportunity for a fishing expedition. If anything the slightest bit questionable is uncovered, then the stakes go up. Way up.

So, as an individual or company working in the pro A/V industry, what can you do to limit exposure to this type of dangerous frivolity? First, get up to speed on legal issues as they can (or could) relate to your business, and you might consider doing so with the help of an attorney. It might seem expensive to pay a lawyer to protect yourself from a lawyer, but this “protection money” is likely worth the expense when considering the possible alternative. (The mafia has worked a similar game to great success over the decades!)

Also, Nolo Press offers several useful - and plain-language - legal books at very reasonable prices. But be warned - what you read might scare you!

(Editor’s note: Nolo also offers a great selection of lawyer jokes -( click here to check them out.)

Next, by all means, get liability insurance if you haven’t already done so! If you already possess a liability policy, review it with a fine-toothed comb, checking the ever-popular “fine print”. This might also be done with the assistance of your lawyer, and it’s probably not a bad idea to conduct a review annually.

And consider where you’re doing your work. If it’s primarily high-traffic venues, look out! The question of a lawsuit is more likely “when” than “if”. Finally, analyze all of your work processes. If asked, can you (and if applicable, your employees) clearly demonstrate that safety practices are in accordance with the highest public safety standards? If so, damage can be minimized in legal proceedings.

The bottom line: More lawyers practice in the state of California than in all of the country of Japan. There simply isn’t enough legitimate legal work in the U.S. to support them all. Unfortunately, that leaves you as an increasingly likely target for attack.

A regular contributor to ProSoundWeb, Gary Stanfill is principle consultant for Colmar Systems, based in Southern California. His company provides engineering and marketing consulting services. Stanfill was president and general manager of Vega, a leading manufacturer of wireless microphone systems, for 18 years. He has over 30 years experience in audio, RF technology, communications and wireless systems, as well as company management. He can be reached at gjstanfill@earthlink.net.


Related articles on PSW by Gary Stanfill:
It’s a knockoff world
Will “good enough” win out?