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Question: Hi. i was attending a nightclub after havin approximately 5 drinks, they letme upstairs into the nightclub area as i approached the smokers section islipped in a puddle on the floor and broke my wrist, arm and elbow. Because of the lack of care to clean there facilities i was unable to takecare of my 5 week old daughter. do u think i have a case ? Answer: Stephany, with your injuries being as severe as they are, you shoulddefinitely look into making a claim. But, there are many factors which needto be considered to determine whether you'll have a successful claim. Forstarters, your email does not indicate in what state you live. I am apersonal injury lawyer in Florida specializing in car accident claims, slipand fall claims, and workers compensation claims. If your claim occurred inFlorida, my suggestion is to give me a call toll-free at (866) 556-5529 todiscuss your claim in detail. Laws vary from state to state, so the law forslip and falls in Florida may be quite different than the laws where you live.
You most likely have a claim for payment of your medical bills, and, a claimfor your injury and pain and suffering. Claims in Florida are evaluatedbased upon the degree of liability that exists against the property owner,the specific nature of the injury, the amount and type of medical care andbills that you have had, and that you may continue to require in the future,and the amount of pain and suffering you have experienced in the past, andfuture. Lost wages and loss of future earning capacity can also berecovered in Florida.
Keep in mind, at least in Florida, just because a person falls at abusiness, it does not automatically mean the property owner or manager isresponsible for injuries which result from the fall. You have to be able toprove that the business owner knew or should have known of the dangerouscondition that caused the fall. Generally, a business owner only owes twoduties to persons lawfully on the property - maintain the property in areasonably safe condition, and to warn persons on the property of dangerousconditions that the person may not be able to appreciate themselves.
Water on the floor of a nightclub, or any other business, is generally asign of negligence. But, you still have to show that the nightclub knew, orshould have known, that the water was on the floor for a sufficient periodof time for the club to clean it up, or at least warn people in the clubabout the water. For instance, if you were dancing on the dance floor, andanother person at the club spilled the liquid on the dance floor just a fewminutes before you slipped in it, the Club would not have known about thewet floor, nor had a chance to clean it up or warn you and the other peopleat the club of the wet floor.
The best advice I can give you is to speak with an attorney that specializes in premises liability claims, i.e. a slip and fall. The attorney can adviseyou what the law is in your area for slip and fall accidents such as yours.There are many steps your attorney should take now, i.e. notify theinsurance company for the club, find out what types of insurance coveragesare available, including whether any medical payments coverage exists.You'll want to check to see whether there have been claims similar to yoursthat occurred at the location. You also want to check to see if the clubhas surveillance cameras that may have captured your fall.
Most attorneys specializing in premises liability claims handle the claimson a contingent basis,i.e. the attorneys fee is a percentage of any moneythey recover for you, and offer a free, no-obligation consultation todiscuss whether you have a viable case. You have nothing to lose to at leastspeak to an accident injury lawyer to see whether you have a claim, and alsoget a better idea of the value of your claim. Keep in mind that there arealso statutes of limitations which may apply and preclude you from bringinga claim if you wait too long.
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