Wrongful Death Damages Florida Allows You to Recover Slips and falls in Florida bars and nightclubs are rather common, especially over holidays like St. Patrick’s Day.
If you fall and get hurt, can you sue for compensation? In this post, we’ll detail situations where you can file a negligence claim against a nightclub or bar.
First, let’s look at some of the ways that a bar or nightclub’s negligence can lead to a falling accident.
Reasons for St. Paddy’s Day Slip and Fall Accidents
You may be going out on March 17 for green beer, Irish food, and fun with friends. If you get hurt while you’re out, though, how do you know who is at fault? Here are a few reasons the venue where the slip and fall accident occurs may be liable for damages.
- Spills that aren’t cleaned up
- Unmarked wet floors
- Leaks from refrigeration units
- Slick conditions on the dance floor due to overwaxing
- Foam or any clutter on the dance floor
There may be other reasons that your accident occurred. You’ll need to check with a qualified attorney regarding the specifics of your case.
Proving Slip and Fall Liability for a Bar or Nightclub Injury
To win a slip and fall case, your attorney must be able to prove that the business owner or operator knew about the potential hazard but failed to correct the problem.
These conditions must be present for you to win your claim. Negligence can also be related to foreseeable events, such as a waxed floor with too much wax. Florida law requires that you have evidence to prove that foreseeable events or potential hazards existed, but the owner or operator did not fix them.
In one Florida case, a patron slipped and fell while dancing on a nightclub’s dance floor. He sued and won because witnesses testified that other patrons were regularly taking their drinks on the dance floor, where spills often occurred. The business was found negligent in prohibiting the use of drinks on the dance floor and enforcing the prohibition.
Florida Statute768.0755 states:
Premises liability for transitory foreign substances in a business establishment.—
(1) If a person slips and falls on a transitory foreign substance in a business establishment, the injured person must prove that the business establishment had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it. Constructive knowledge may be proven by circumstantial evidence showing that:
(a) The dangerous condition existed for such a length of time that, in the exercise of ordinary care, the business establishment should have known of the condition; or
(b) The condition occurred with regularity and was therefore foreseeable.
If you can prove that a nightclub or bar owner or operator had actual and constructive knowledge of the problem but did not remedy it, you may have grounds for a lawsuit.
How Premises Liability Cases Work
If you experience an injury at a bar or nightclub on St. Paddy’s Day, the owners and operators are likely to have insurance protection against slip and fall injuries by patrons. These policies normally cover broken bones, concussions, and other injuries that may occur due to a slip and fall accident. The policies may also cover medical expenses, lost income, pain and suffering compensation, and treatment costs.
An experienced Florida attorney can help you get the compensation you deserve. We will investigate your case and find ways to prove negligence. Call today for a free consultation about your slip and fall injury.
About the Author:
Andrew Winston is a partner at the personal injury law firm of Winston Law. For over 20 years, he has successfully represented countless people in all kinds of personal injury cases, with a particular focus on child injury, legal malpractice, and premises liability. He has been recognized for excellence in the representation of injured clients by admission to the Million Dollar Advocates Forum, is AV Preeminent Rated by the Martindale-Hubbell Law Directory, enjoys a 10.0 rating by AVVO as a Top Personal Injury Attorney, has been selected as a Florida “SuperLawyer” from 2011-2017 – an honor reserved for the top 5% of lawyers in the state – and was voted to Florida Trend’s ”Legal Elite” and as one of the Top 100 Lawyers in Florida and one of the Top 100 Lawyers in the Miami area for 2015, 2016, and 2017.
