So About That Twerking Lawsuit
Written by AskTheLawyers.com™
Written by AskTheLawyers.com™
AskTheLawyers™
Without a doubt, the recent development on a lawsuit from one Celia Yevenes of Harris County may raise some eyebrows, but it also raises an important question: what can you do when injured at a social work function? You could file a personal injury lawsuit, or seek workers’ compensation benefits. Depending on your state and your company’s coverage, one option may be better than the other.
Why Did Someone File a “Twerking Lawsuit”?
Celia Yevenes filed a suit against Insight Vision Care, P.C. for a coworker “twerking” on her and causing her to fall down on her knees, causing injury, during a social work function. A party, basically, that occurred on the business premises.
That technically, legally, makes it the responsibility of the company. This is essentially why she had filed a lawsuit against the company, and not the individual. After all, it was the company’s responsibility to set the boundaries and make it very clear on what’s allowed and not allowed during a social work function.
If there had been a situation where this was a party or function that had absolutely nothing to do with the company itself, then this could be a case where the personal injury lawsuit could fall on the shoulders of the individual who caused the injury.
We also want to make it a point that the injury specifically took place on company property. Other situations are less clear when considering if your employee is liable for injuries.
Think of the situation involving, say, a baseball team, or a kickball team, your company hosts; but it just so happens to be at a public park. The injury would’ve occurred outside of company grounds in a place not owned by the company. You could file a lawsuit against the municipality, but that might not have much of a chance in court. Or you could file a lawsuit against the player who injured you and may have a chance in collecting damage. But you should not file a lawsuit against the company unless the company never set specific guidelines for the game with an emphasis on safety and behavior.
In such a case, the court would consider things like: was this event mandatory? Did it take place within the scope of your employment? How involved was the company in getting you to participate in the event that led to your injury?
As for holiday parties? Let’s say a coworker got drunk, was twerking on you, and made you fall onto a table or chair, hurting your spine. The thing to remember here is that while a holiday party might be on company grounds, even if it’s not, the typical situation here might involve rental space or the company reserving the right to use such area for a function, which then would make it the company’s responsibility to ensure the safety of their coworkers.
This is especially the case when involving alcohol the company allows and other modes of behavior. The company could then be directly responsible. You can file a lawsuit against the company in that case.
Personal Injury Lawsuits Are Definitely No Joke (Even If You Laughed at the “Twerking” Situation)
It is a bit out of left field—but for every situation, the legal industry provides a means for compensation and fairness that’s consistent with the needs and rights of every single party. That’s the strength of the legal industry. The system works for you, no matter what the situation is. If you have any other questions regarding personal injury lawsuits, twerking or not, feel free to reach out to a qualified attorney with your concerns.
