Can a willing participant sue after the fact?

[spikerS]

Alright, so, baygirl showed me this TMZ news article:
http://www.tmz.com/2014/03/15/liz-dickinson-playboy-golf-swing-ass-cheek-lawsuit/

Coles notes:
Playboy bunny is participating in a charity golf tournament with a comedian.
They think it would be funny for the comedian to tee one off from her ass crack.
She lays down on the grass, he puts a tee between her cheeks, and takes a swing.
He duffs it off her ass, but still makes the shot.

Here is the end result:
http://ll-media.tmz.com/2014/03/14/03-14-14-playmate-butt-bruise-tmz-3.jpg

She is now suing playboy for $500,000 for it.

Now my question is, can she sue, and what are her chances of winning? I mean, she was a willing participant, and the risk involved is pretty obvious. She trusted the guy to make the shot, and participated.

I know the USA is all litigation happy and all, but does she have a chance here?

:facepalm:

nice bum tho...:poosie:

[Tik-Tok]

If she was hesitant and pressure into it, and was re-assured the golfer was a great shot and wouldn't miss, I'm guessing she could win. "Fearing for her job" and all that.

But with anything like this, it all depends on the judge.

[codetrap]

$500k for a bruise? Jesus..

[lilmira]

put some cream on it then

[GTS4tw]

Originally posted by lilmira
put some cream on it then

Who told you to put the balm on it?? I didnt tell you to put the balm on it!

[Supa Dexta]

speaking of bad bruises... scott mendelson torn pec the other day from world record bench press attempt.

http://pbs.twimg.com/media/BiejViZIgAA562O.jpg:medium

[Maxt]

So much for turning the other cheek.

[Toma]

Yes, you can definitely sue for something like that.

[rage2]

I'm disappointed. I came in here expecting baygirl to sue you for something you guys did.

[CanmoreOrLess]

Spill some hot coffee on it, you then have a case.

jpcEietIoxk

[blairtruck]

Originally posted by codetrap
$500k for a bruise? Jesus..
says she has nerve damage and such

[Toma]

It's the US, and she's a model. $500k is no big thing.

Plus, we all drive as willing participants, but will sue for damages in an accident.

[Toma]

Originally posted by Supa Dexta
speaking of bad bruises... scott mendelson torn pec the other day from world record bench press attempt.

http://pbs.twimg.com/media/BiejViZIgAA562O.jpg:medium

Bah, fuck all. another gallon or two of juice and GH, and that will clear right up. :poosie:

[revelations]

If SHE asked for the shot to be taken, no she probably cant. She will have to convince a judge that he asked her to participate and claimed to be a great golfer or something.

Just more TMZ dumpster news .... :dunno:

[JRSC00LUDE]

I've seen this exact same thing happen to a dude, with similar results other than it ended in another beer and a whole lot of laughing instead of a law suit.

[googe]

Her lawyer knows more than beyond and he took the case. Nothing is a guaranteed win, but of course you can sue.

[GQBalla]

Looks like she enjoyed it

[dexlargo]

Yes she can sue, and I think she would likely win some money. This is clearly negligent and foreseeable - on the part of the comedian.

Does Playboy have any liability? Maybe. That will likely be a live issue. What safeguards did they have in place? Did they provide any instructions to their staff to not do anything dangerous? Did they have knowledge of this stunt prior to it happening and not prevent it? Did they get her to sign a waiver?

She probably has some contributory negligence that will offset any award to some extent.

Is it worth $500,000? I wouldn't think so, but this is the US, so who knows?

[Tik-Tok]

I think $500g is low enough that the company will want to settle out of court. Even if she's an idiot for agreeing, it doesn't look good when your entire business model is to attract high end girls.

[Arash Boodagh]

I think because Playboy makes so much money selling smut, that they may give her some money to keep good PR... but I dont think she deserves it for playing a game of having a ball clobbered off her ass.

[JRSC00LUDE]

Originally posted by Arash Boodagh
I think because Playboy makes so much money selling smut, that they may give her some money to keep good PR... but I dont think she deserves it for playing a game of having a ball clobbered off her ass.

Smut? Do you even read the articles? They contain far more journalistic integrity than the garbage and hate speach that you peddle around here as being valid.

Welcome back from the ignore list buddy! :love:

Is that a gay expression of affection with that heart emoticon? Only I know for sure!!!!

[ExtraSlow]

I sure hope she can't sue, as I've been as events with staff of this type, and i can totally see this happening to people I know.

What if she was in a golf cart that rolled? Could easily kill her . . . .

Play safe out there kiddies . . .

[rage2]

Originally posted by Arash Boodagh
I think because Playboy makes so much money selling smut

Originally posted by JRSC00LUDE
Smut? Do you even read the articles? They contain far more journalistic integrity than the garbage and hate speach that you peddle around here as being valid.
haha no kidding, who reads Playboy for porn? There's much better shit out there for free. Hell, google up tits with google images and you've got way better porn selection than Playboy in under 2 seconds.

[FraserB]

Originally posted by Arash Boodagh
I think because Playboy makes so much money selling smut, that they may give her some money to keep good PR... but I dont think she deserves it for playing a game of having a ball clobbered off her ass.

You're just mad that they don't have photos of dudes, aren't you?;)

[JRSC00LUDE]

Originally posted by FraserB
You're just mad that they don't have photos of dudes, aren't you?;)

It wouldn't be "smut" if it were full of dudes, that's why he didn't mention PlayGIRL. If it were full of dudes, it would just be bedtime "reading" I am sure.


Originally posted by rage2
haha no kidding, who reads Playboy for porn?

I'll tell you who DOESN'T read Playboy for porn, homosexuals.

Clearly in this case 1 + 1 = 2. :eek:

[spikerS]

so, here is an update regarding it...

there is tape in which she is a knowing and willing participant...

http://www.tmz.com/videos/0_b7hsy0uo

[dexlargo]

^That doesn't change anything. In fact, it may actually help her, because it's clear from that clip that this is being done for content on Playboy Radio, so Playboy did have some responsibility for the stunt. What might change things is if they can prove a waiver.

So, I think that she would at least get her medical expenses. TMZ says it was $33,000.00 in medical expenses, which seems pretty high, but if she could back them up I expect she'll at least get those.

As an aside - what the fuck is Playboy Radio? Porn and Playboy are fundamentally a visual medium - why would I ever want to listen to Playboy bunnies talk, if I can't see their tits bounce? Anybody actually listen to this? What am I missing?

[HiTempguy1]

Originally posted by dexlargo
What am I missing?

Cracked.com had an interesting article on being a dominatrix. I think it ties in nicely to and answers your questions; in short, a lot of people do not use porn simply as a way to get off. You also have to understand, with 7 billion people on the planet, even if only 1% of them are into weird shit, that is a market with legs!

Of course, I completely agree with you.

[Tik-Tok]

Originally posted by dexlargo
As an aside - what the fuck is Playboy Radio? Porn and Playboy are fundamentally a visual medium - why would I ever want to listen to Playboy bunnies talk, if I can't see their tits bounce? Anybody actually listen to this? What am I missing?

Sports are a visual medium, yet every sport in the world is broadcast over radio. When I had Sirius in my car, I listened to PB radio on roadtrips (any talk radio to keep me awake really), and they had some pretty humorous stuff on there sometimes.

On a side note, I wish Arash would just look at the flowers... just... look at the flowers.

[sexualbanana]

Just because a lawyer takes on the case, doesn't mean the courts will think there is grounds for a case.

She's capable of suing, if having a golf ball driven off her ass is outside of the scope of her job and she didn't provide consent to do so. She did give consent, but the argument could be made that Playboy allowed or encouraged that type of reckless behaviour from its staff and participants, and thus responsible for any damages.

The flip-side is that the model waived her right to sue when she consented to doing something that could easily result in serious bodily harm, and considering that there aren't really any safeguards that could have been reasonably taken, it's hard to argue that Playboy was negligent in performing its duties.

Without being privy to any other information, I'd guess that they settle out of court for like $100k

[rob the knob]

975u5GVH6-4

John Daly Drives A Golf Ball Out Of A Woman's Mouth


SEXPAND
John Daly's still got it, if "it" is trick shots from a tee in a woman's mouth.

Daly posted the video on Twitter a few days ago. Another man holds the woman's legs down so she doesn't move, but it isn't necessary. Daly doesn't even take a practice swing, but his shot's still (thankfully) accurate.