Legal Corner
It is a dicey situation, for sure....
For one, they will both have to confess to a crime in order for the trial to proceed. Both face some legal liability for that.
As to whether she is entitled to damages will probably hinge on whether a jury finds that she put herself at risk by agreeing to have sex with the person, and the client will face the question of whether or not his actions were appropriate given the situation.
For example, did this injury occur in a consentual BD/SM situation?
Lots to speculate on until the facts are clear.
If I were her, I would hesitate to sue unless she is in dire need of money for her medical needs.
(still not a lawyer)
said she sue him. Before I go on, there is no mention by her that it was deliberate. What should she do?
Is there a PRACTICAL problem?
For one, they will both have to confess to a crime in order for the trial to proceed. Both face some legal liability for that.
As to whether she is entitled to damages will probably hinge on whether a jury finds that she put herself at risk by agreeing to have sex with the person, and the client will face the question of whether or not his actions were appropriate given the situation.
For example, did this injury occur in a consentual BD/SM situation?
Lots to speculate on until the facts are clear.
If I were her, I would hesitate to sue unless she is in dire need of money for her medical needs.
(still not a lawyer)
to cover above the $10,000 for victim of violent act, if you can put in for it.
Was she riding in is car? Or on his d*ck? Seriously, was he negligent? Would a reasonable person foresee danger in the activity & ignore the danger to her detriment? Did he drop her on her head during standing sex? Did he knock her off the bed & she struck her head? Did he pop her balloons? Did he fail to exercise ordinary care? (to prevent an accident)
Yes, to sue she has to use her legal name & his in public records. Served by court officers & testified under oath. 'Joe Hobbiest' only makes it in cartoons. She must presume that her occupation will be made public & he'll be disclosed as a hobbiest.
She must publically disclose her injuries & have it documented. Did she require a Rescue? Did she see her own doctor? Her medical records will be compared to her account of the accident. Did she make false statements to medical personel (establishing her as a liar... Which account is the truth?).
What are her damages? Medical bills? or Inability to work at an illegal profession? Will this be turned on her as an attempt at to Blackmail? (a felony)
Will confessing to an illegal profession, amount to self incriminating for income tax evasion? Al Capone didn't go to prson for murder.
If this was truely an accident, he probably feels terrible. This is a provider's and a hobbiest's worst nightmare. I think it would be in everyone's best interest to settle this privately & not in a public venue.
This is America, where anyone can sue someone! Deciding whether to do so entails an important cost/benefit analysis: Does the likelihood of obtaining a reasonable damages award justify the time, energy, expense and risk of a civil lawsuit? Some would encourage you to do that analysis in reverse: is there sufficient funds to be had and will you be able to get to them if you do prevail? If the answer to either of those questions is no, pursuing a lawsuit could very well leave you in significantly worse frame of mind, ESPECIALLY if you won but never recovered any damages!
An answer to that question might end one possibility real quickly.
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That link is all the information I have. Her name and the full information didn't seem necessary to get a discussion of the very scary problem of what are practical problems involved with a provider-hobbyist injury it can go both ways.
Now maybe the question should be What should an injured provider do? (when injured by a client?)
PLEASE KEEP IN MIND no help was requested on these lines!!! This is general in scope, although now there are specific facts for those who need a tangible situation.
DON'T BOTHER the LADY. Excuse me, if I sound over protective. I've had two back surgeries in the last six months a month apart under circumstances similar to her description. The ribs make it hurt to breathe, answering a phone or typing is painful at first. Every back injury is different, I hope her ribs are different, but the inconvenience isn't, especially being alone not married or around family. Healing takes energy.
No violins please. lol
-- Modified on 11/19/2012 10:11:12 PM
the drama is yours, the lady even reposted she didn't intend to add drama , but was simply posting she wouldn't be available. In the future mind your on business.
Shill, If you bothered to read her full comments on her thread and the other comments . The threats she was concerned about did not come from here. In fact, details were only known here untill you brought them! So watch what you start to stir up, it's the very thing she didn't want!
I saw the incident as a reminder of larger problem that faces the provider community and affects everybody in broader terms. So we can dicuss this important problem. Originally she never mentioned intent and I made that clear.
Please note she complains about calls and communications written to her. You suppled the information for people to do that. I pleaded against it strongly! However, I don't believe based on the dates and times of the posts in her thread you are responsible to date for any annoyance to her, nor any threats among people.
She has made a couple of entries to the Discussion Boards. That's a healling step in the right direction.
As a massage practitioner and provider I get people always trying to "work " on me.
But I allow it with caution as I know damn well they don't have anywhere near the education I do about anatomy and the skeletal system let alone massage.
Suing isn't going to solve it, reporting & keeping him from doing this to someone else will.
Shame on him for lying like that. I hope she heals sooner than later. Xoxo V.
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