Should I file a lawsuit if I was injured at a local bar? - Accident Law Questions and Answers- LawQA.com

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Should I file a lawsuit if I was injured at a local bar?

I was out with a couple of friends at a local bar and while walking towards the bathroom, I stepped onto a heating vent and literally went through the floor. The vent was not secure, it was very scary. I fell as far down as my chest, and caught myself before falling all the way through to the basement. Two people pulled me up and I ended up going to the hospital and had x-rays taken. I did not break or fracture anything, but my right leg has severe swelling, bruising and I am in a lot of pain. I was given pain medication and told to take it easy and come back if I start to feel worse. The main issue I have is that the bar manager blew me off, was extremely rude and told me it was my fault. I was not intoxicated, had only been there for an hour and had 1 beer when this happened. Clearly, this was negligence on their part. I took pictures of the heating vent after I fell through it. The management refused to fill out an accident report or put anything in writing other than the owners name and phone number. What should I do?

Answer By Sam L. Levine
Law Office of Sam Levine, LLC
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At this point, the bar appears to not want to be all that communicative, so I would recommend consulting with an attorney to discuss your options. You may have a case, but you'll need to speak with a lawyer & provide additional information to be sure. In the meantime, you should continue to get medical treatment & move towards recovery.

Answer Applies to: Georgia
Replied: 12/2/2011

Durflinger Oliver & Associates
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You have rights that need to be protected.

Answer Applies to: Washington
Replied: 11/30/2011

Law Offices of Michael Stephenson
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First of all, continue to take pictures of your bruising and to make journal entries (a Google Doc is a great place to do this) regarding the pain you are feeling and any other negative effects the accident is having on your life. Second, if you are contacted by the bar's insurance company or attorney, refuse to speak to them until you are represented by your own attorney. If you have friends or acquaintances who witnessed the accident or the defect in the vent, interview them as soon as possible and take notes of what they say along with their contact information. Finally, consult with an attorney in more detail to see if this warrants retaining an attorney.

Answer Applies to: California
Replied: 11/30/2011

Answer By Irving M Blank
Paris Blank LLP
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You need to be able to prove that the owner/occupant of the bar knew or should have known that the vent was defective and created a dangerous condition to its patrons which condition was not disclosed to the patron. If you have evidence that the Bar knew or should have known of the dangerous condition and that the condition was not open and obvious and that there was no reason for you to know of the defect.

Answer Applies to: Virginia
Replied: 11/30/2011

Answer By Gary Moore
Gary Moore, Attorney at Law
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You have a claim.

Answer Applies to: New Jersey
Replied: 11/30/2011

Answer By Mark Leonardo
Law Office of Mark J. Leonardo
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You certainly have a premises liability claim against the bar. Forget what the manager said. The value of your claim depends on your injuries and medical expenses. Take photos of your bruising. If you get additional treatment it will likely increase the value so don't hesitate to get additional treatment right away. You should retain an attorney also that handles these claims.

Answer Applies to: California
Replied: 11/30/2011

Paul Whitfield and Associates P.A.
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Don't let your ego get control of the case. The bar management is liable as this appears to be an obvious maintenance problem. Ask the manager to put you in touch with his carrier. If he does not you might sue the bar in small claims (Judge Judy) court for up to $5000. If the injury continues to bother you and you need more medical care find a good PI lawyer and let him deal with it.

Answer Applies to: North Carolina
Replied: 11/30/2011

Answer By Steve Lombardi
Lombardi Law Firm
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Yes you should file a claim with the bar's property insurance company. This is what the law refers to as a premise liability case. The bar is a business that invites customers to come in and buy things so they can make a profit. The law holds the business community to a higher standard than it does with you or I inviting people into our homes. So the bar has a duty to protect its customers from harm. This is what I call a trap door defect. It's something customers are expected to step onto and if constructed properly it should support them. It didn't'. Instead it operated like a trap door. Hire a lawyer to pursue a claim with the bar's property casualty insurer.

Answer Applies to: Iowa
Replied: 11/30/2011


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Premises liability is a technical area of the law that requires a thorough investigation of the facts and the law that is applicable. If you were injured due to a negligent condition, you may have a claim to pursue. Under Georgia premises liability law, accident victims can hold the owner or occupier of property liable for negligently causing or negligently failing to repair, correct or warn about these and other unsafe conditions which lead to personal injury. Premises liability encompasses many types of injuries where a person enters a business and is injured. Defective construction, disrepair, poor maintenance, inadequate inspection or negligent overloading could all result in injuries to patrons such as yourself. You should consult with an Attorney to determine whether your claim is valid. Remember the law imposes deadlines for filing lawsuits and investigations preceding such suits take time.

Answer Applies to: Georgia
Replied: 11/29/2011

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