Dam Vinh Hung's toe loss case: Netizens analyze according to US law, will he win?

The case of Dam Vinh Hung suing the billionaire husband of singer Bich Tuyen due to an accident while performing at the billionaire’s house is currently causing a stir in the entertainment industry. The reason the lawsuit attracted attention is because the singer is demanding compensation of 50 million USD (more than 1,300 billion VND).

Dam Vinh Hung has filed a lawsuit in the California Superior Court, USA, in Orange County, against Mr. Gerard Richard Williams III, the husband of singer Bich Tuyen. In the lawsuit, the male singer claims that Mr. Gerard Richard Williams III was irresponsible, leading to his serious injury and the amputation of several toes.

According to the eight-page lawsuit, Dam Vinh Hung said that on February 19, he attended a party at Gerard’s mansion and was hit by debris from a water fountain. The male singer claimed that singer Bich Tuyen’s husband used an outdoor concrete fountain as a stage and a table for drinks. The fountain fell, crushing Dam Vinh Hung’s foot, piercing through the male singer’s leather shoe, causing several of his toes to be severed.

Immediately, the online community analyzed this lawsuit according to US law. Dam Vinh Hung's lawsuit alleges "negligence" in ensuring the safety of guests at a private event in Orange County, California. This means that Dam Vinh Hung is suing Mr. Gerard for two issues, one is "negligence", the other is "responsibility for property management and maintenance", and both require a jury trial. If the lawsuit is filed for negligence, the lawsuit will mention the Negligence Claim, and if the plaintiff wants to request a jury trial, the plaintiff will add the Demand for Jury Trial section.

To win a lawsuit, the plaintiff needs to prove the following four elements:

- Duty of care: The defendant has a duty to act carefully and reasonably towards the plaintiff. For example: A driver must drive safely; A property owner must keep his property safe.

- Breach of duty: The defendant fails to perform his or her duty. This can include acting negligently or failing to act when necessary. For example: Failure to put up a wet floor warning sign in a supermarket.

- Causal relationship: It must be proven that the defendant's violation is the direct or indirect cause of the damage. This relationship is often divided into: The defendant's actions directly lead to the harmful event, The defendant's actions have a reasonable connection with the consequences that occur.

- Damages: The plaintiff must prove that they have suffered actual losses, such as: Physical injury; Loss of income; Medical expenses

Applying it to Dam Vinh Hung's case, netizens believe that the homeowner will definitely have to take some responsibility, but it won't be to the extent of Dam Vinh Hung suing and demanding huge compensation. Furthermore, netizens believe that this was Dam Vinh Hung's fault because while singing too enthusiastically, he jumped onto the fountain on his own, something the homeowner did not foresee.

According to singer Bich Tuyen, who recounted the incident on February 19, 2024, Bich Tuyen said: "When the singers were excited and some of them had too much to drink, they had the idea of "letting loose" with unique and strange "actions" before ending the program. Male singer Dam Vinh Hung, following the encouragement of his fellow singers, wanted to jump onto the waterfall tray of the fountain to perform. However, suddenly a part of the fountain broke, fell on Dam Vinh Hung's foot and caused a lot of bleeding. We quickly took the male singer to the emergency room and what happened was as everyone can see."

After the incident, singer Bich Tuyen revealed that Dam Vinh Hung had asked Mr. Gerard if he gave him 15 million USD (about 381 billion VND) he would not sue. However, the billionaire felt that the amount was unreasonable because the incident was not the couple's fault.

It is not yet known who will win or lose, but public opinion is condemning Dam Vinh Hung for losing his long-time friendship with singer Bich Tuyen and her husband for money, and many people even think that no show organizer will invite Dam Vinh Hung to sing again. Currently, the case is receiving a lot of attention from the audience, waiting until June 2025 for trial.

Dam Vinh Hung was mentioned by the Colonel in the midst of the noise with Bich Tuyen, and made a surprising statement. Nguyễn Kim09:58:47 28/11/2024Since the noisy lawsuit with singer Bich Tuyen and her husband, information related to Dam Vinh Hung has always been eagerly awaited by the public. Recently, a sharing by Colonel, People's Artist Ha Thuy about the king of Vietnamese music quickly attracted attention.