hi i was attending a nightclub after havin approximately 5 drinks, they let me upstairs into the nightclub area as i approached the smokers section i slipped 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 take care of my 5 week old daughter. do u think i have a case ?
Help
2 posts • Page 1 of 1
Help
by Barclay » Thu May 22, 2014 4:20 pm
The Maus Law Firm
Stephany, with your injuries being as severe as they are, you should definitely look into making a claim. But, there are many factors which need to be considered to determine whether you'll have a successful claim. For starters, your email does not indicate in what state you live. I am a personal injury lawyer in Florida specializing in car accident claims, slip and fall claims, and workers compensation claims. If your claim occurred in Florida, my suggestion is to give me a call toll-free at(866) 556-5529 to discuss your claim in detail. Laws vary from state to state, so the law for slip 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 claim for your injury and pain and suffering. Claims in Florida are evaluated based upon the degree of liability that exists against the property owner, the specific nature of the injury, the amount and type of medical care and bills 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, and future. Lost wages and loss of future earning capacity can also be recovered in Florida.
Keep in mind, at least in Florida, just because a person falls at a business, it does not automatically mean the property owner or manager is responsible for injuries which result from the fall. You have to be able to prove that the business owner knew or should have known of the dangerous condition that caused the fall. Generally, a business owner only owes two duties to persons lawfully on the property - maintain the property in a reasonably safe condition, and to warn persons on the property of dangerous conditions that the person may not be able to appreciate themselves.
Water on the floor of a nightclub, or any other business, is generally a sign of negligence. But, you still have to show that the nightclub knew, or should have known, that the water was on the floor for a sufficient period of time for the club to clean it up, or at least warn people in the club about the water. For instance, if you were dancing on the dance floor, and another person at the club spilled the liquid on the dance floor just a few minutes before you slipped in it, the Club would not have known about the wet floor, nor had a chance to clean it up or warn you and the other people at 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 advise you 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 the insurance company for the club, find out what types of insurance coverages are available, including whether any medical payments coverage exists. You'll want to check to see whether there have been claims similar to yours that occurred at the location. You also want to check to see if the club has surveillance cameras that may have captured your fall.
Most attorneys specializing in premises liability claims handle the claims on a contingent basis,i.e. the attorneys fee is a percentage of any money they recover for you, and offer a free, no-obligation consultation to discuss whether you have a viable case. You have nothing to lose to at least speak to an accident injury lawyer to see whether you have a claim, and also get a better idea of the value of your claim. Keep in mind that there are also statutes of limitations which may apply and preclude you from bringing a claim if you wait too long.
If you are in Florida, I would be interested in speaking to you further about your claim.
If you have any other questions, please do not hesitate to contact me toll free at(866) 556-5529 or visit my website at www.mauslawfirm.com.
Good Luck.
Joe Maus
The Maus Law Firm
(866) 556-5529
www.mauslawfirm.com
Stephany, with your injuries being as severe as they are, you should definitely look into making a claim. But, there are many factors which need to be considered to determine whether you'll have a successful claim. For starters, your email does not indicate in what state you live. I am a personal injury lawyer in Florida specializing in car accident claims, slip and fall claims, and workers compensation claims. If your claim occurred in Florida, my suggestion is to give me a call toll-free at(866) 556-5529 to discuss your claim in detail. Laws vary from state to state, so the law for slip 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 claim for your injury and pain and suffering. Claims in Florida are evaluated based upon the degree of liability that exists against the property owner, the specific nature of the injury, the amount and type of medical care and bills 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, and future. Lost wages and loss of future earning capacity can also be recovered in Florida.
Keep in mind, at least in Florida, just because a person falls at a business, it does not automatically mean the property owner or manager is responsible for injuries which result from the fall. You have to be able to prove that the business owner knew or should have known of the dangerous condition that caused the fall. Generally, a business owner only owes two duties to persons lawfully on the property - maintain the property in a reasonably safe condition, and to warn persons on the property of dangerous conditions that the person may not be able to appreciate themselves.
Water on the floor of a nightclub, or any other business, is generally a sign of negligence. But, you still have to show that the nightclub knew, or should have known, that the water was on the floor for a sufficient period of time for the club to clean it up, or at least warn people in the club about the water. For instance, if you were dancing on the dance floor, and another person at the club spilled the liquid on the dance floor just a few minutes before you slipped in it, the Club would not have known about the wet floor, nor had a chance to clean it up or warn you and the other people at 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 advise you 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 the insurance company for the club, find out what types of insurance coverages are available, including whether any medical payments coverage exists. You'll want to check to see whether there have been claims similar to yours that occurred at the location. You also want to check to see if the club has surveillance cameras that may have captured your fall.
Most attorneys specializing in premises liability claims handle the claims on a contingent basis,i.e. the attorneys fee is a percentage of any money they recover for you, and offer a free, no-obligation consultation to discuss whether you have a viable case. You have nothing to lose to at least speak to an accident injury lawyer to see whether you have a claim, and also get a better idea of the value of your claim. Keep in mind that there are also statutes of limitations which may apply and preclude you from bringing a claim if you wait too long.
If you are in Florida, I would be interested in speaking to you further about your claim.
If you have any other questions, please do not hesitate to contact me toll free at(866) 556-5529 or visit my website at www.mauslawfirm.com.
Good Luck.
Joe Maus
The Maus Law Firm
(866) 556-5529
www.mauslawfirm.com
- Barclay
- Posts: 17
- Joined: Fri Jan 03, 2014 6:55 pm
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