Wedding Etiquette Forum

Dance floor injury & possible lawsuit - WWYD? (long)

We ordered a LED light up "disco style" dance floor for our wedding day that didn't turn out how we thought it would and I'd like some opinions. Here are the facts:

-The company has two types of LED dance floors. One uses solid white panels that have colored bulbs in the center, and they really aren't that colorful, and the other has full-color panels. We were told we would receive the full-color panels, but we ended up with the disappointing white panels. 

This was a verbal agreement that our contract does not distinguish because both panels cost the same, even though the kind we didn't get is significantly better, and what we verbally agreed on.

-One of the LED panels didn't even light up for part of the reception. We have photos of it without a light, as well as with a working light.

-Through all our communications, we were told that the dance floor would flash and change colors on a pre-set cycle. We were told that we should hire an hourly technician to get any precise configurations, but we declined when the answer to "will it still change colors" was yes. The dance floor we got did not change colors. 

We asked the supervisor during the reception why they weren't changing colors, and she said she would take care of it. She did not and said it was because the batteries would die. 

When we complained afterward, we were told it was because we declined to hire the technician.

-The dance floor was poorly assembled and was "falling apart" by the end of the night. The panels would slide apart and leave one inch gaps. I would periodically get down off the floor (which was elevated about a foot or so off the ground, even though we were told it would be no more than 6 inches above the ground) to slide the panels back together. A guest hurt her toe because of this and I was cleaning her blood off the dance floor during the reception.  

We have photographs of this poor assembly including a missing screw, the giant gaps in the panels, and the bloody foot. The company will not own up to this mistake and has only said that their crew "said everything was put together fine". They've also said things like "I'm sorry you guys didn't have the wedding of your dreams or thoughts or whatever, but it seems like you are only complaining to get money" and "what do you want, a free dance floor?" (no, we're asking for half our money back)

We feel that in addition to the sizing being wrong, which is part of the written contract, the floor we received was significantly not as was described to us. Nor was it in satisfactory or safe condition. Given this, we feel asking for a refund of half is completely reasonable. It took days to even get them to return our calls, but the company has final-offered us a refund of just under 1/4 (after a lot of back and forth that started with a very insulting amount). Honestly, if they had offered us 1/4, or even a smaller amount, in a good faith effort to make things right wiht us, we might be inclined to accept, but their unwillingness to own up to the mistake (not to mention the insulting attitude) is hard to swallow, and we're considering suing in small claims court for half. What do you think? What would you do?

I will admit I am very into "fairness" and "justice" and would rather fight for what is right than let it go and forget about it, but I don't want to look like I'm in this for money. The money we are hoping to get back for this would go to my mother's contribution to the wedding anyway. It just seems like, if the dance floor is completely not what we were told we were getting, and caused injury to someone, isn't that worth an apology and a refund? FWIW, The injury was minor, it's not like she had to go to the doctor or anything, but isn't it the principle of it?

CN: We didn't get the dance floor we were told we'd get, and someone got hurt because it was falling apart. The vendor is being jerks about the whole thing. Do we let it go and take the 1/4 refund they've offered, or sue in small claims for half?
«1

Re: Dance floor injury & possible lawsuit - WWYD? (long)

  • edited September 2012
    I think taking it to small claims court would, in a way, prove you're not in it for the money. The cost of going to court- even small claims- would possibly even cost more than the money you'd get (assuming you didn't pay over a grand for that crap).

    I'm similar in thinking that it's the principle of the matter rather than the money involved. If you can do it, go for it. And afterward, make sure you warn others about the company.
    image
    Ovarian cyst lapro: '01, '04, '09 Conal biopsy: '01- results negative Dilation: '03 for cervical scarring Pcos test: '05, FSH and LH normal Mirena removed July '12 My Ovulation Chart
  • Do you have proof of the injury? What kind of injury?
    BabyFruit Ticker
  • edited September 2012
    On what basis do you think you deserve half of your money back, specifically? I don't think a judge, other than maybe Judge Judy, is going to go for "it feels like a fair amount." Also, a lot of what you are complaining about wasn't in your contract. Generally speaking, what is in the contract governs, regardless of any oral agreements you may or may not have made, so much of what you're complaining about likely wouldn't even be grounds for a judgment in your favor at all. Take the 1/4 refund they are offering, and read and write your contracts better in the future. As for the injury, its up to the person who was hurt to sue. You can't bring the suit on her behalf unless you are her legal guardian. ETA: If your main concern is warning others, post reviews of the vendor on local wedding websites stating in purely factual terms what happened, and report them to the Better Business Bureau. Also see if your state has some kind of Consumer Protection Bureau you can report them to. Lots of states have these, and its a good, low cost way to create a public record about businesses that are shady.
    imagemy to-read shelf:
    Steph's book recommendations, liked quotes, book clubs, book trivia, book lists (to-read shelf)
  • In Response to <a href="http://forums.theknot.com/Sites/theknot/Pages/Main.aspx/wedding-boards_etiquette_dance-floor-injury-possible-lawsuit-wwyd-long?plckFindPostKey=Cat:Wedding BoardsForum:9Discussion:b51869db-9e22-4c0e-8092-a3b5f7d0af8ePost:a26768f7-a08f-4444-b5e8-d2054da2ceb4">Re:Dance floor injury amp; possible lawsuit WWYD? long</a>:
    [QUOTE]On what basis do you think you deserve half of your money back, specifically? I don't think a judge, other than maybe Judge Judy, is going to go for "it feels like a fair amount." Also, a lot of what you are complaining about wasn't in your contract. Generally speaking, what is in the contract governs, regardless of any oral agreements you may or may not have made, so much of what you're complaining about likely wouldn't even be grounds for a judgment in your favor at all. Take the 1/4 refund they are offering, and read and write your contracts better in the future. As for the injury, its up to the person who was hurt to sue. You can't bring the suit on her behalf unless you are her legal guardian. ETA: If your main concern is warning others, post reviews of the vendor on local wedding websites stating in purely factual terms what happened, and report them to the Better Business Bureau. Also see if your state has some kind of Consumer Protection Bureau you can report them to. Lots of states have these, and its a good, low cost way to create a public record about businesses that are shady.
    Posted by StephBeanWed61502[/QUOTE]

    Nodding in agreement.

    If it isn't about the money then take the refund they offered and then make sure to tell everyone and anyone about their shady business, post bad reviews about them on wedding sites and report them to the BBB.

  • In Response to <a href="http://forums.theknot.com/Sites/theknot/Pages/Main.aspx/wedding-boards_etiquette_dance-floor-injury-possible-lawsuit-wwyd-long?plckFindPostKey=Cat:Wedding%20BoardsForum:9Discussion:b51869db-9e22-4c0e-8092-a3b5f7d0af8ePost:87542af2-fd41-4e38-abc5-76b04b16636d">Re: Dance floor injury & possible lawsuit - WWYD? (long)</a>:
    [QUOTE]Do you have proof of the injury? What kind of injury?
    Posted by KatWAG[/QUOTE]

    Seriously?

    OP, I agree with Steph. Take what they've offered and write the bad reviews the company deserves. It's terrible what they got away with, but I don't see it being worth it to take them to small claims court and you would probably end up wasting a lot of time and money.
    Image and video hosting by TinyPic Follow Me on Pinterest
  • ditto PP - I'd take the money and then write reviews all over the place warning future clients about their shady practices
  • KatWAG - She pinched her toe in the gap, lost some skin, and it bled a lot. We have photographs.

    Steph- I didn't really feel I'd be suing for the injury. More like using the injury as evidence that the floor was poorly put together. On that note, if it wasn't in the contract that the dance floor wouldn't be solidly assembled, I have no case for that? It can't be assumed that when you order something, it will be assembled to a satisfactory degree?

    Thanks for the advice so far, ladies. I definitely want to think this all the way through before making a decision.
  • I agree with the PP - contract rules. I would write the BBB, cc the company, and bullet point the specific concerns that do indicate breach of contract/safety before you cash the check for the 1/4 they offered. Please follow up to share the concerns with others, and continue to be specific in your vendor review. It might be embarrassing to say 'we didn't have that in the contract even though we discussed it' but it may be the reminder another customer needs to avoid the disappointment you suffered.
    ~~Mendi~~ ...Everyone has their price; mine's chocolate Photobucket
  • The first several things you mentioned were verbal. It's your word against theirs (the "batteries dying," the fact that you got the "wrong" floor, etc). You might be able to get something because the floor wasn't in the condition you would have liked, but I'm thinking 1/4 refund is probably the best you can do.
    my read shelf:
    Meredith's book recommendations, liked quotes, book clubs, book trivia, book lists (read shelf)
    40/112

    Photobucket
  • To succesfully sue you'd need damages.  What are your damages here?  From what i'm reading it seems like nothing.  Is it different than what you expected, sure. . . . but it doesn't look like you suffered any loss.

    With regards to the injury, you have no standing to sue, the injured woman would.  With that being said, skin scraped off a toe isn't really an injury.  She didn't lose a toe, from what it sounds like, someone probably slapped a bandaid on it and called it a day.  Further, was the injured person drinking?  There are many thinks that she may have been doing that could be considered her contributing to her own injury. 

    From what you are saying, the 1/4 they are offering would seem like more than you could get if you sued them, not to mention. . . .there is a cost and time associated with suing them when there is always a possibility you'd lose anyway.

    disclaimer time:
    *nothing in this post constitutes legal advise and should in no way be taken as such*
  • This would get attention if you post it on the NYC board as there's not much traffic there.
  • In Response to <a href="http://forums.theknot.com/Sites/theknot/Pages/Main.aspx/wedding-boards_etiquette_dance-floor-injury-possible-lawsuit-wwyd-long?plckFindPostKey=Cat:Wedding%20BoardsForum:9Discussion:b51869db-9e22-4c0e-8092-a3b5f7d0af8ePost:a26768f7-a08f-4444-b5e8-d2054da2ceb4">Re:Dance floor injury amp; possible lawsuit WWYD? long</a>:
    [QUOTE]On what basis do you think you deserve half of your money back, specifically? I don't think a judge, other than maybe Judge Judy, is going to go for "it feels like a fair amount." Also, a lot of what you are complaining about wasn't in your contract. Generally speaking, what is in the contract governs, regardless of any oral agreements you may or may not have made, so much of what you're complaining about likely wouldn't even be grounds for a judgment in your favor at all. Take the 1/4 refund they are offering, and read and write your contracts better in the future. As for the injury, its up to the person who was hurt to sue. You can't bring the suit on her behalf unless you are her legal guardian. ETA: If your main concern is warning others, post reviews of the vendor on local wedding websites stating in purely factual terms what happened, and report them to the Better Business Bureau. Also see if your state has some kind of Consumer Protection Bureau you can report them to. Lots of states have these, and its a good, low cost way to create a public record about businesses that are shady.
    Posted by StephBeanWed61502[/QUOTE]<div>
    </div><div>All of this - you need to reread your contract and see what it says about prior agreements, etc.  Most form contracts have an integration clause that basically says the four corners of the contract govern and all prior agreements are incorporated.  Take this as a lesson for something that really really matters in the future (ie: buying a house) - if you agree to it orally, make sure to reduce it to writing, and do NOT sign it until everything that's non-negotiable for you is in the contract.</div><div>
    </div><div>Frankly, I think you're pretty lucky to get anything back at all because I would bet that they would win if it went to court (particularly if there's an integration clause) unless you got an unusual judge.  Just my $0.02.</div><div>
    </div><div>I agree with PP that you should post reviews, etc. and warn other unsuspecting brides about this.  Most people (even plenty of lawyers I know) just sign at the bottom and a lay person wouldn't necessarily be able to identify an integration clause even if they did read it (or they would trust a vendor that brushed it off and said oh yeah it's just something our lawyers make us have - you'll get everything we talked about).  I know your wedding feels like a huge deal (and it is), but be grateful that this isn't something more permanent like a house.  It sucks but it's ultimately over.  And as for the guest who injured her toe, that's on her to sue not you.  It technically wasn't your injury.

    </div>
    Wedding Countdown Ticker
  • Again, I'm not thinking about suing because someone hurt their toe, I'm thinking of using that as evidence that the dance floor wasn't put together right. Any opinions on that piece?

    I appreciate everyone's comments, thank you very much.
  • edited September 2012
    In Response to <a href="http://forums.theknot.com/Sites/theknot/Pages/Main.aspx/wedding-boards_etiquette_dance-floor-injury-possible-lawsuit-wwyd-long?plckFindPostKey=Cat:Wedding%20BoardsForum:9Discussion:b51869db-9e22-4c0e-8092-a3b5f7d0af8ePost:509d41f5-9dc6-4eed-9c65-14e353b16e6c">Re: Dance floor injury & possible lawsuit - WWYD? (long)</a>:
    [QUOTE]Again, I'm not thinking about suing because someone hurt their toe, I'm thinking of using that as evidence that the dance floor wasn't put together right. Any opinions on that piece? I appreciate everyone's comments, thank you very much.
    Posted by e33012837[/QUOTE]

    <div>Her injury is not bullet-proof evidence the floor was put together incorrectly.  She could've been drunk.  She could've been wearing extremely stupid shoes.  She could've been pushed.  She could be a klutz who tripped over her own two feet.  She could've slipped in a puddle created by a waiter.  The floor could've been assembled correctly and one of your guests or the venue staff did something to it to mess with it later on (which would mean the "ill fit" would be someone else's fault, not the floor company's, since you decided against having any of their staff on hand to monitor the floor during your event).  </div><div>
    </div><div>There are a million and one explanations for her injury that are unrelated to how the floor was assembled or are otherwise not the fault of the floor company, and I guarantee you that if you waste the floor company's time and your own in small claims court, they will bring up every single possible one.  The scraped toe does very little for you, IMHO.  </div><div>
    </div><div>If you want to waste your time and money in small claims court, have at it, but do so knowing you'll likely get no more than the floor company has already offered you, and quite possibly less.</div>
    imagemy to-read shelf:
    Steph's book recommendations, liked quotes, book clubs, book trivia, book lists (to-read shelf)
  • Steph, thanks. Good food for thought.
  • If you live in NYC, not New York State, I suggest that you take a pass on Small Claims Court here.  It's a horror show and most of the cases are handed to negotiators to deal with, not a real judge.

    Take the 1/4 and let it go
  • oot, I actually don't live in NY, I changed my address on here to stop getting junk mail. :)
  • In Response to <a href="http://forums.theknot.com/Sites/theknot/Pages/Main.aspx/wedding-boards_etiquette_dance-floor-injury-possible-lawsuit-wwyd-long?plckFindPostKey=Cat:Wedding%20BoardsForum:9Discussion:b51869db-9e22-4c0e-8092-a3b5f7d0af8ePost:9777edcf-bd5d-4b12-8863-c3c80c1a131f">Re: Dance floor injury & possible lawsuit - WWYD? (long)</a>:
    [QUOTE]In Response to Re: Dance floor injury & possible lawsuit - WWYD? (long) : Her injury is not bullet-proof evidence the floor was put together incorrectly.  She could've been drunk.  She could've been wearing extremely stupid shoes.  She could've been pushed.  She could be a klutz who tripped over her own two feet.  She could've slipped in a puddle created by a waiter.  The floor could've been assembled correctly and one of your guests or the venue staff did something to it to mess with it later on (which would mean the "ill fit" would be someone else's fault, not the floor company's, since you decided against having any of their staff on hand to monitor the floor during your event).   There are a million and one explanations for her injury that are unrelated to how the floor was assembled or are otherwise not the fault of the floor company, and I guarantee you that if you waste the floor company's time and your own in small claims court, they will bring up every single possible one.  The scraped toe does very little for you, IMHO.   If you want to waste your time and money in small claims court, have at it, but do so knowing you'll likely get no more than the floor company has already offered you, and quite possibly less.
    Posted by StephBeanWed61502[/QUOTE]<div>
    </div><div>Again, I'm nodding my head.  A bloody toe isn't itself evidence of negligence or faulty construction.  You'd have to have some proof that it was their fault and not hers or the venue's.  I really think you should take what they are offering and just let it go.

    </div>
    Wedding Countdown Ticker
  • Thanks. Sounds like we'll probably just take it and leave bad reviews.

    So, for anyone interested, here's the floor we were told we would get:

    And here's the floor we got, with the big sliding gaps:
  • In Response to <a href="http://forums.theknot.com/Sites/theknot/Pages/Main.aspx/wedding-boards_etiquette_dance-floor-injury-possible-lawsuit-wwyd-long?plckFindPostKey=Cat:Wedding%20BoardsForum:9Discussion:b51869db-9e22-4c0e-8092-a3b5f7d0af8ePost:41a83bcc-4350-408c-ac7b-82448693cc90">Re: Dance floor injury & possible lawsuit - WWYD? (long)</a>:
    [QUOTE]Thanks. Sounds like we'll probably just take it and leave bad reviews. So, for anyone interested, here's the floor we were told we would get: And here's the floor we got, with the big sliding gaps:
    Posted by e33012837[/QUOTE]

    <div>That is ridiculous.    I more than likely would go with the 1/2 and settle for 1/3.  Maybe?   </div><div>
    </div><div>If you take the 1/4 (and I don't blame you if you do) I would write bad reviews including pictures.  </div>






    What differentiates an average host and a great host is anticipating unexpressed needs and wants of their guests.  Just because the want/need is not expressed, doesn't mean it wouldn't be appreciated. 
  • In Response to <a href="http://forums.theknot.com/Sites/theknot/Pages/Main.aspx/wedding-boards_etiquette_dance-floor-injury-possible-lawsuit-wwyd-long?plckFindPostKey=Cat:Wedding%20BoardsForum:9Discussion:b51869db-9e22-4c0e-8092-a3b5f7d0af8ePost:41a83bcc-4350-408c-ac7b-82448693cc90">Re: Dance floor injury & possible lawsuit - WWYD? (long)</a>:
    [QUOTE]Thanks. Sounds like we'll probably just take it and leave bad reviews. So, for anyone interested, here's the floor we were told we would get: And here's the floor we got, with the big sliding gaps:
    Posted by e33012837[/QUOTE]

    <div>Looks like a material breach to me. I'd be completely pissed if I received the second one; it looks trashy as hell TBH (the first one doesn't).  </div><div>
    </div><div>Again, as others have said, you don't have standing to sue for the injury (although I REALLY hope your guest considers it), but I think the injury PAIRED with the photo showing the obvious gap is very compelling evidence that they installed a substandard floor.  I'm litigious so I'd probably take my shot in small claims. </div><div>
    </div><div>If you post your contract, we could tell you if there is a merger clause (which would say that the entirety of the agreement is on the page and all oral agreements are superseded by the written contract).   If it doesn't have one, there's definitely an argument to be made that your written contract is supplemented by a prior verbal agreement to provide the better dance floor. </div><div>
    </div><div>Good luck. </div><div>
    </div>
  • In Response to <a href="http://forums.theknot.com/Sites/theknot/Pages/Main.aspx/wedding-boards_etiquette_dance-floor-injury-possible-lawsuit-wwyd-long?plckFindPostKey=Cat:Wedding BoardsForum:9Discussion:b51869db-9e22-4c0e-8092-a3b5f7d0af8ePost:4fdd9d66-f9e2-4739-a32b-dbcd99b1a3b2">Re: Dance floor injury & possible lawsuit - WWYD? (long)</a>:
    [QUOTE]In Response to Re: Dance floor injury & possible lawsuit - WWYD? (long) : Looks like a material breach to me. I'd be completely pissed if I received the second one; it looks trashy as hell TBH (the first one doesn't).   Again, as others have said, you don't have standing to sue for the injury (although I REALLY hope your guest considers it), but I think the injury PAIRED with the photo showing the obvious gap is very compelling evidence that they installed a substandard floor.  I'm litigious so I'd probably take my shot in small claims.  If you post your contract, we could tell you if there is a merger clause (which would say that the entirety of the agreement is on the page and all oral agreements are superseded by the written contract).   If it doesn't have one, there's definitely an argument to be made that your written contract is supplemented by a prior verbal agreement to provide the better dance floor.  Good luck. 
    Posted by NOLAbridealmost[/QUOTE]

    This. No one in their right mind would order the POS you got. That, I think, should be pretty evident with the pictures you have.
    image
    Ovarian cyst lapro: '01, '04, '09 Conal biopsy: '01- results negative Dilation: '03 for cervical scarring Pcos test: '05, FSH and LH normal Mirena removed July '12 My Ovulation Chart
  • Oh boy if anyone wants to read the contract, it's below. Parts that concern me is that they reserve the right to "artistic liberty" (though it's "to improve the overall effect"). One interesting part is that they say they're only liable for deposit, which happens to be the 50% I've been aiming to recover all along. It sounds like they're holding themselves not responsible for damage to their own equipment, but the way I'm reading it, that's only if WE or our guests damaged it. I don't see anything I recognize as the merger clause you mentioned. Hmmmm....

    The pricing for this Event includes the equipment, décor, entertainment and services as described above for 300 guests on 08/14/2012.
    Charges are based upon décor and labor as outlined above.  Any venue charges for set-up and/or labor on site will be added to the contract price at cost.
    These may include, but are not limited to charges for engineering, fire watch, permits, electrical usage, and power lift usage when necessary.
    The décor and equipment supplied are and shall remain the sole property of [VENDOR NAME OMITTED] and are provided on a rental basis.  If this décor has been
    specifically designed for an out of doors installation and the function site is moved indoors, the décor, as described, may not provide as full a look as desired.
    Therefore, additional décor and pricing options should be discussed and any changes to this Contract shall be noted in a modification to this Contract.
    [VENDOR NAME OMITTED] reserves the right to take artistic liberty and, if necessary, redesign décor configurations at the site to improve the overall effect or to meet
    with venue requirements.  In the event  [VENDOR NAME OMITTED]  equipment is damaged due to inclement weather, or removed/damaged by guests, client is
    responsible for replacement value of product.
    This proposal is prepared specifically and only for [CLIENT NAME OMITTED].  All concepts, designs, layouts, renderings and narrative treatment of this proposal are the
    sole property of  [VENDOR NAME OMITTED] .  Any copying and/or forwarding without authorization are strictly prohibited.
    A 50% initial deposit is due at Contract signing.  Deposit of the balance of the total charges is due 7 days prior to Event.  Payments can be made by Company
    Check, Certified Check, Money Order or Wire Transfer.
    In the Event of Cancellation by Client, the Client shall be responsible for the following percentages of the total charges:
    More than 90 days prior to the Event = 10%; 60-90 days prior to the Event = 25%;
    30-60 days prior to the Event = 50%; and Less than 30 days prior to Event = 100%
    Under no circumstances shall  [VENDOR NAME OMITTED]  be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces
    or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunications equipment failures,
    other equipment failures, electrical power failures, labor disputes or strikes, riots, insurrections, civil disturbances, acts of terrorism, shortages of labor or fires,
    flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, nonperformance of third parties, or loss or
    fluctuation of lighting or air conditioning.
    In the Event of or reasonable threat of any of the above,  [VENDOR NAME OMITTED]  may cancel the Event and terminate this Contract and, in such Event, [VENDOR NAME OMITTED] shall return the Deposit (less only any cancellation charges incurred by Showtime Events) to Client and neither Party shall have any further liability or
    obligation to the other.  If  [VENDOR NAME OMITTED]  and Client agree to postpone and reschedule the Events,  [VENDOR NAME OMITTED]  shall retain the Deposit (less any
    postponement charges incurred by  [VENDOR NAME OMITTED] ) and the Event shall be rescheduled to a mutually agreement date.
    [VENDOR NAME OMITTED] shall not be liable for any consequential or special damages and  [VENDOR NAME OMITTED] ' stipulated and maximum liability to Client shall be a
    refund of all Deposits.
    Client is responsible for and agrees to indemnify and hold  [VENDOR NAME OMITTED] harmless from all damages for loss or damage to equipment, décor or other
    property of [VENDOR NAME OMITTED] and all claims by any person for loss, injury, death, property damage or damages of any kind arising from the acts or omissions,
    whether negligent or intentional, of Client or of persons attending the Event.
    [VENDOR NAME OMITTED] is not responsible for any acts or omissions of entertainers (who are independent contractors) or other independent contractors that may be
    engaged by  [VENDOR NAME OMITTED]  for the Event and Client releases  [VENDOR NAME OMITTED]  from all claims of any kind arising from acts or omissions of entertainers or
    other independent contractors of  [VENDOR NAME OMITTED] .
    Client recognizes that  [VENDOR NAME OMITTED]  has a legitimate business interest in protecting its relationship with its employees, entertainers and other
    subcontractors from solicitation by clients and, accordingly, for a period of one (1) year, from the Event, Client agrees not to solicit, hire or engage any of the
    [VENDOR NAME OMITTED] employees, entertainers or other subcontractors of  [VENDOR NAME OMITTED]  involved in the Event as employees, entertainers, or independent
    contractors or for "moon lighting" for work performed or similar to work performed at the Event.
    Please read this Contract and the terms and conditions carefully.  If you do not understand any of the terms, please discuss them with the [VENDOR NAME OMITTED]
    representative.  If you have read and understand the Contract and the terms and conditions and you accept the Contract and terms and conditions and agree
    to be legally bound, please sign below.
  • edited September 2012
    I think you've got a great claim. Go to small claims.  There's no merger/integration clause which means you have the opportunity to present evidence of your verbal agreements to the judge.  

    You also are not restricted to simply getting the deposit back because you don't agree to liquidated damages anywhere; the "liability limited to the deposit thing" appears (to me anyway, contracts are always subject to interpretation) to be strictly related to if the vendor CANCELS (which is completely different than showing up with a substandard product and breaching the contract during the performance).

    Sue 'em!
  • Stage-- the technician I mentioned was to control the "light show" effect of the dance floor.  There was a supervisor there to oversee general function. (She sucked ;-))
  • Besides the obvious, that you signed a contract releasing them from virtually all liability, I still fail to see what your damages are OP, care to enlighten? nothing in this post constitutes legal advice, nor should it be taken as such
  • e33012837e33012837 member
    Fifth Anniversary 10 Comments
    edited September 2012
    kaos, no damages. I just want some of my money back because I didn't get what I paid for. Whether or not I can hold it up in court, is that not a reasonable starting point?
  • In Response to <a href="http://forums.theknot.com/Sites/theknot/Pages/Main.aspx/wedding-boards_etiquette_dance-floor-injury-possible-lawsuit-wwyd-long?plckFindPostKey=Cat:Wedding%20BoardsForum:9Discussion:b51869db-9e22-4c0e-8092-a3b5f7d0af8ePost:34857a82-49d6-48a1-bf7f-1f6de2d0ddb0">Re:Dance floor injury</a>:
    [QUOTE]In Response to Re:Dance floor injury : <strong>No, court isn't generally a "reasonable starting point". Court is a last resort when all other options have failed.</strong> Was the supervisor a certified electrician?
    Posted by StageManager14[/QUOTE]

    <div>.....and Stage has summed up my entire problem with the way we (Americans) use our civil legal system.  Thanks Stage!</div>
    imagemy to-read shelf:
    Steph's book recommendations, liked quotes, book clubs, book trivia, book lists (to-read shelf)
  • In Response to <a href="http://forums.theknot.com/Sites/theknot/Pages/Main.aspx/wedding-boards_etiquette_dance-floor-injury-possible-lawsuit-wwyd-long?plckFindPostKey=Cat:Wedding BoardsForum:9Discussion:b51869db-9e22-4c0e-8092-a3b5f7d0af8ePost:31ccbc21-dc7f-4076-9d58-e90fbc744521">Dance floor injury & possible lawsuit - WWYD? (long)</a>:
    [QUOTE]We ordered a LED light up "disco style" dance floor for our wedding day that didn't turn out how we thought it would and I'd like some opinions. Here are the facts: -The company has two types of LED dance floors. One uses solid white panels that have colored bulbs in the center, and they really aren't that colorful, and the other has full-color panels. We were told we would receive the full-color panels, but we ended up with the disappointing white panels.  <strong>This was a verbal agreement that our contract does not distinguish because both panels cost the same, even though the kind we didn't get is significantly better, and what we verbally agreed on</strong>. -One of the LED panels didn't even light up for part of the reception. We have photos of it without a light, as well as with a working light. -Through all our communications, we were told that the dance floor would flash and change colors on a pre-set cycle. We were told that we should hire an hourly technician to get any precise configurations, but we declined when the answer to "will it still change colors" was yes. The dance floor we got did not change colors.  We asked the supervisor during the reception why they weren't changing colors, and she said she would take care of it. She did not and said it was because the batteries would die.  When we complained afterward, we were told it was because we declined to hire the technician. -The dance floor was poorly assembled and was "falling apart" by the end of the night. The panels would slide apart and leave one inch gaps. I would periodically get down off the floor (which was elevated about a foot or so off the ground, even though we were told it would be no more than 6 inches above the ground) to slide the panels back together. A guest hurt her toe because of this and I was cleaning her blood off the dance floor during the reception.   We have photographs of this poor assembly including a missing screw, the giant gaps in the panels, and the bloody foot. The company will not own up to this mistake and has only said that their crew "said everything was put together fine". They've also said things like "I'm sorry you guys didn't have the wedding of your dreams or thoughts or whatever, but it seems like you are only complaining to get money" and "what do you want, a free dance floor?" (no, we're asking for half our money back) We feel that in addition to the sizing being wrong, which is part of the written contract, the floor we received was significantly not as was described to us. Nor was it in satisfactory or safe condition. Given this, we feel asking for a refund of half is completely reasonable. It took days to even get them to return our calls, but the company has final-offered us a refund of just under 1/4 (after a lot of back and forth that started with a very insulting amount). Honestly, if they had offered us 1/4, or even a smaller amount, in a good faith effort to make things right wiht us, we might be inclined to accept, but their unwillingness to own up to the mistake (not to mention the insulting attitude) is hard to swallow, and we're considering suing in small claims court for half. What do you think? What would you do? I will admit I am very into "fairness" and "justice" and would rather fight for what is right than let it go and forget about it, but I don't want to look like I'm in this for money. The money we are hoping to get back for this would go to my mother's contribution to the wedding anyway. It just seems like, if the dance floor is completely not what we were told we were getting, and caused injury to someone, isn't that worth an apology and a refund? FWIW, The injury was minor, it's not like she had to go to the doctor or anything, but isn't it the principle of it? CN: We didn't get the dance floor we were told we'd get, and someone got hurt because it was falling apart. The vendor is being jerks about the whole thing. Do we let it go and take the 1/4 refund they've offered, or sue in small claims for half?
    Posted by e33012837[/QUOTE]

    Why was this a verbal agreement and not put in the written contract???  I don't get it.....it's such a big difference in the two types of flooring....I would've never left it up to chance and their word.

    I would take the 1/4 they are offering you and run.  I'm all about principle too, but this sounds like it could cost you more to go to court for another 1/4 that you probably won't even get.
  • I know very little about lawsuits and contracts and such. I always make sure anything that's verbally agreed upon makes its way into a written contract, but that's about it. So everything I say here is probably moot, but I'm genuinely curious.

    I know everyone is saying that she can't sue on behalf of the woman with the injured toe. But is there anything in the fact that someone could have been seriously injured? Looking at the picture OP posted, I'm surprised there weren't people tripping and falling all night. Any woman in spiky heels could easily have gotten the heel caught in there and twisted or even broken an ankle. I've read several horror stories in the news of dance floors falling apart and people being hurt. I guess you can't sue for what could have happened? But it does seem extremely careless and negligent on the vendor's part.

    There's also the fact that what she got clearly and obviously does not look like what they agreed on. I get that she signed a contract without a detailed description of the floor, but if all she saw was what the vendor showed her and she said she wanted that, I don't think it's unreasonable to expect exactly that, not a half-assed interpretation of it.

    I personally would still opt to take the money they're offering and leave bad reviews, but I don't think she has NO case whatsoever if she wanted to take this further. But again, I'm far from an expert.
    Image and video hosting by TinyPic Follow Me on Pinterest
This discussion has been closed.
Choose Another Board
Search Boards