‘Tis the Season for Parties – Can You Sue a NY Nightclub If You Fall?

On November 29, 2018 by No Comments

Crazy things can happen at holiday parties. Who hasn’t heard stories of people getting drunk and wild at office get-togethers? Or had to deal with family members who enjoy a bit too much “adult” egg nog?

Now imagine the typical holiday party vibe at a nightclub. Dancing. Drinking. Complete strangers. And all the emotions that come with the holidays.

Insanity, right?

Even with the added craziness of the holidays, clubs can get crazy. Like the busy Miami nightclub where a woman in her underwear rode in a on a white horse. When that horse inevitably fell into the crowd, the woman to fell, too.

Thankfully, both were okay. However, city officials revoked the nightclub’s business license shortly afterward, saying that the situation posed a threat to public safety. The mayor called the incident “outrageous” and “inhumane.”

What about situations that do result in injuries, though? What happens if you’re at a holiday celebration at a bar or club and get hurt due to no fault of your own?

Slip and Fall Accidents at New York Clubs and Bars

Most slip and fall accidents aren’t as extreme as the above case. However, many variables come into play, especially during the holidays. You need to know the most likely scenarios for slip and fall accidents to protect yourself from harm.

• Electric cables not secured to floor
• Liquid spills on floor
• Wet paper or napkins on floor
• Wet or waxed floors that are not cordoned off
• Leaks from refrigerators or freezers
• Foam or loose items on a dance floor
• Debris on stairwells
• Boxes on floors in a retail store
• Rolling carts or dollies left in aisles
• Torn carpet
• Broken tiles
• Ice on sidewalks or parking lots
• Potholes in parking lots
• Poorly lit walkways

Any of these situations can create a hazardous condition for you. A slip and fall accident can result in minor injuries like bruises or scrapes. However, it can also cause serious health problems such as slipped disks, concussions, fractures, or soft tissue damage that can require ongoing treatment or surgery.

When you are injured in a slip and fall accident, it’s essential that you seek medical treatment as soon as possible. No matter how insignificant your injury seems at the time of the accident, it’s important to get checked out by a doctor because some injuries may not show up for several days. Your medical report is the best defense if you choose to file a personal injury lawsuit.

How to File a NY Premises Liability Claim

Whether you’re in a publicly- or privately-owned area, the owner has a duty to use reasonable care to keep the premises safe for your use as a patron.

In a premises liability claim, there are a number of important variables:

• The use of the property
• The frequency of use of the property
• The likelihood that injury could occur
• The level of injury
• The responsibility for avoiding risk of injury

Your attorney will help you determine who is responsible for the injury you incurred. Depending on the circumstances, one or more entities may be involved. To win your case, your attorney may suggest using an expert witness to testify to the facts.

Your lawyer may also need the following information to build a solid case:

• Details about the accident scene
• Time of day that the accident occurred
• Whether you had traversed the same area before with no problems
• What kind of footwear you were wearing
• Whether you were running or walking
• If you were using a phone when the accident happened
• If you have any photographs of the incident
• If you spoke with an insurance adjuster about the accident

Your attorney will be able to use any available surveillance videos, witness reports, medical reports, or police reports to build your case. The more information you collect to support your case early in the game, the better chance you have for securing the maximum amount of compensation.

A successful premises liability case will pay for your medical bills, property loss, lost income, ongoing medical treatments, and pain and suffering you experienced as a result of the accident.

As soon as you receive medical treatment for your injury, consult with an experienced NY injury attorney. Four elements must be proven to win your case:

Duty—The owner of the premises where the accident occurred had a reasonable duty of care toward you.

Breach of Duty—The premises owner was negligent in meeting the reasonable duty of care.

Causation—The breach of duty caused injury to you.

Damages—You experienced financial loss due to your injuries, which requires compensation.

Prove these four things and you will win your case and be well on your way to recovering your losses and getting your life back on track.

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