QUESTION

Can I sue a strip club for taking my husband up on stage at his bachelor party and simulating sex on his lap?

Asked on Jul 08th, 2012 on Personal Injury - Oklahoma
More details to this question:
Also I was curious if I could sue for the counseling we've had to go through our first months of marriage. The stripper did not get his consent to pull him up on stage and she also embarrassed him. But as a wife do I have a right to sue this club/ or the stripper for emotional distress and for counseling? I would also like to sue for the amount of my wedding day that I wasn't able to enjoy at all. Also the stripper had no top on and there was dry humping which is considered a sexual act.
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23 ANSWERS

Steven D. Dunnings
No.
Answered on May 29th, 2013 at 1:24 AM

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Personal Injury Attorney serving Charleston, IL
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No.
Answered on May 29th, 2013 at 1:23 AM

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Child Custody Attorney serving Malvern, AR at Law Office of Gregory Crain
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No.
Answered on May 29th, 2013 at 1:14 AM

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Personal Injury Attorney serving Lake Worth, FL
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I do not know the answer to that. Very likely, it is your husband who has the claim against the stripper for battery.
Answered on Aug 09th, 2012 at 5:55 PM

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Dennis P. Mikko
If there is a cause of action, it would lie with your husband.
Answered on Aug 07th, 2012 at 1:34 PM

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Plaintiff Animal Bites Attorney serving Missoula, MT at Bulman Law Associates PLLC
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No you can't sue. I am glad you are in counseling. I can't imagine why you would try to hold the club responsible for your husband's behavior? A jury would laugh at the case.
Answered on Aug 07th, 2012 at 1:08 PM

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Tax Attorney serving North Smithfield, RI at The Law Offices of Mark L. Smith
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You husband remained on the stage - he consented to the act. There is absolutely no case.
Answered on Aug 07th, 2012 at 12:52 PM

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No, your husband suffered no ill effects and probably consented to it or at least didn't protest. Sorry there is no legal matter here, just get over it and move on in life. Crazy things happen in bachelor parties and it's better to just forget about it and move on to dealing with the greater challenges that married life brings with it.
Answered on Aug 07th, 2012 at 12:46 PM

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Truck Accidents Attorney serving Indianapolis, IN
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Sorry. I do not believe that you have a claim that is worth pursuing.
Answered on Aug 07th, 2012 at 12:10 PM

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Criminal Defense Attorney serving Montrose, NY at Law Office of Jared Altman
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No. I don't see a claim here.
Answered on Aug 07th, 2012 at 11:51 AM

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Personal Injury Law Attorney serving Davie, FL at Douglas Johnson & Associates, P.A.
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You need to get a new husband because you have completely neutered this one. Try keeping your silly nonsense to yourself next time your husband has a bachelor party.
Answered on Aug 06th, 2012 at 8:38 PM

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Small Businesses Attorney serving Livonia, MI at Klisz Law Office, PLLC
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No, there is no cause of action that I would be aware of in this situation.
Answered on Aug 03rd, 2012 at 2:52 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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I doubt you will be able to recover for your husband's foolishness. I need more facts.
Answered on Aug 03rd, 2012 at 2:43 PM

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Let me put it simply, in the United States just about any person can sue another person for any alleged conduct. The real issue is whether you would win your lawsuit. So to answer your question, yes you could sue the strip club and/or the stripper for whatever you want, but you would most likely lose the lawsuit. Losing a lawsuit may place you in the position of paying the stripper and/or strip club's costs and attorney's fees in defending the action. In the circumstance you present, it appears that any causes of action you may have would arise either from contract law or tort law. Since you did not have a contract with either the stripper or the strip club you would lose on any claim for damages alleged from breach of contract, i.e. your wedding day costs. Also, emotional damages generally are not recoverable for a breach of contract claim. As far as tortious causes of action, you would basically be alleging either intentional infliction of emotional distress (IIED) or, alternatively, negligent infliction of emotional distress (NIED). In my opinion, both these claims would fail. As for IIED, you would need to show the stripper's conduct was: (1) outrageous (it wasn't); (2) that she intended to cause you severe emotional distress (she didn't); (3) you suffered severe emotional distress (you likely did not); and (4) the stripper's conduct was a substantial factor in causing you emotional distress (it wasn't). For NIED, you could only proceed under the bystander theory since you were not a direct victim of the stripper or strip club's conduct. This requires you prove by a preponderance of the evidence that: (1) the stripper and/or strip club negligently caused injury or death to your husband (they didn't); (2) you were present at the scene while the injury occurred and were contemporaneously aware of the injury producing event (you weren't at the scene and you weren't aware of any injury producing event [especially since no injury occurred]); (3) that you suffered severe emotional distress (you likely didn't); and (4) the stripper and/or strip club's conduct was a substantial factor in causing your emotional distress (it wasn't). Let me also add this, it sounds as though your husband was at his bachelor party when this occurred. It would be very difficult to prove to anyone who has lived more than a few years that your husband was forced onto the stage. It's more likely and believable that your husband went willingly and on his own volition. And, assuming he was drinking and his friends were there, he probably volunteered and ran onto the stage.
Answered on Aug 03rd, 2012 at 2:43 PM

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NO. He voluntarily went up on stage. It's a strip club, what do you think they would do? I think hubby had some idea. Same thing happens when a magician or hypnotist pulls.
Answered on Aug 03rd, 2012 at 2:42 PM

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Personal Injury Attorney serving Richmond, VA at Blank & Marcus, LLC
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You cannot be serious! What was your husband doing there in the first place. You cannot sue for damages as you were not involved in the event.
Answered on Aug 03rd, 2012 at 2:39 PM

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Ronald A. Steinberg
The short answer is NO. Your husband is a grown up, and he could have said "NO." I understand about the "social pressure" being placed on him by the group, but ultimately, he could have left. You do not OWN him; he is not your child. As a result, you would have no standing to sue the club in your own claim. For example, if your underaged kid got a tattoo without your permission, you could probably sue the tattoo parlor, but you do not have the same rights when dealing with your spouse. Sorry!
Answered on Aug 03rd, 2012 at 1:36 PM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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You're kidding. This is a joke, right.
Answered on Aug 03rd, 2012 at 11:14 AM

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Let me get this straight, this stripper physically lifted your husband out of his seat and carried him up on to the stage, as he kicked and screamed and protested, against his will? Then she had the fortitude to hold him down while she rode him like a bull? Is she incredibly strong and your husband a very slight man? Was she so heavy that when she sat on his lap to ride him he wasn't strong enough to stand up or push her off? Did someone put a gun to his head and force him to walk into the place or get up on stage? No offense but, I wouldn't touch this case with a ten foot "stripper" pole. Good luck.
Answered on Aug 03rd, 2012 at 11:09 AM

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The question is whether you would be victorious and the answer is highly doubtful. I would assume the court say his consent was implied by his presence.
Answered on Aug 03rd, 2012 at 11:07 AM

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General Practice Attorney serving Woburn, MA at AyerHoffman, LLP
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One can always file suit. The questions are: What is the likelihood you will prevail? If you prevail, will you be able to collect on a judgment? You, personally, were not dragged onstage, therefore you do not have standing to bring a claim based on the act. It is unlikely your husband would prevail in an action of this type as there is a significant element of implied consent in his taking the stage and remaining on stage. Unless he was somehow coerced, he likely had the ability to refuse or to leave and his failure to do either strongly implies consent. Furthermore, this occurred at a strip club. This type of activity is very common at strip clubs, particularly at bachelor parties. By entering the club for this type of party your husband impliedly consented to being exposed to and involved in the types of activities which occur there. This is called implied-in-law consent and is a very strong defense in this situation. Unless you personally witnessed the activity on the stage, you will not be able to successfully claim for emotional distress. Even if you did witness it, there is the question of whether the activity was extreme and outrageous activity sufficient to shock the conscience of the average person given the conditions under which the activity took place. The cost of counseling would be plead as a damage resulting from the stripper's behavior, not as a claim in itself, just like the cost of your wedding day. The counseling cost would be recoverable if you did prevail. Whether the wedding damages would be recoverable will depend on the specific facts of your experience. Finally, the chances of recovering money damages pursuant to a favorable judgment from a stripper would be slim. She likely does not have much money and the transient nature of the profession would make her a high risk for fleeing the jurisdiction instead of paying up. She may also be very difficult to locate as strippers very often work under false names. A judgment against the club would be much easier to collect.
Answered on Aug 03rd, 2012 at 11:07 AM

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Personal Injury Attorney serving Redmond, WA at Tuttle & Associates
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I would not recommend pursuing this. Your husband is a grown man and no one held a gun to his head. He could have stopped it and chose not to do so. Others may disagree, but I think you will simply reinforce the wound and ultimately make a bad situation worse. P.S. I have been practicing personal injury law for 21 years.
Answered on Aug 03rd, 2012 at 9:13 AM

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This is not a personal injury case. It sounds like your husband was a willing participant whether or not he was "pulled" onto the stage. I assume he could have said no.
Answered on Aug 01st, 2012 at 8:55 PM

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