Question: Hello i slipped and fell in a night club’s dance floor can i sue the club or there insurance company for not having a wet floor sign on the wall also can i be compensated for the time off of work medical bills and pain and suffering? Answer: Yes, you can sue the night club, but there are many factors which you need to consider before filing a lawsuit against the night club. You would not sue the insurance company, but the insurance company would most likely step in to defend against your claim. For starters, your email does not indicate in what state you live. 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. Your email does not give any details about how the accident occurred, so it is difficult to know whether you have a good claim to make. 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. Another example might be if the club allows special effects like foam or fog in the area of the dance floor that might make the floor slippery. In that instance, the club clearly would have knowledge of the possibility for a slippery floor, and should have taken steps to make the area safe for people dancing. The best advice I can give you is to speak with an attorney that specializes in premises liability claims, i.e. slip and fall. The attorney can advise you what the law is in your area for trip 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 coverage 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. There are also statutes of limitations which may apply and preclude you from bringing a claim if you wait too long. 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.
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