Question: What can be considered under premises liability?
Question Detail: The place I live has karaoke on Thursday evenings. It is a family restaurant/bar situation with a pool and game room for children. We went this past Thursday and I was only there about 3 minutes when I had gotten up from my chair to go and say hello to a friend I had recognized at the establishment. Upon getting up from my chair, I hadn't noticed but there was an item on the floor that did not belong on the floor (I guess belonging to another patron). It was half on a chair and half on the floor. This item was a mermaid costume. The costume colors blended in with the chair and I hadn't noticed it until after I fell. The tail of the costume was described as being slippery and this portion of the costume was on the floor and is what made me slip and fall. My husband picked it up and said this is what you slipped on and it's slimy and slippery! It was 'quickly' removed by someone (but the place has security cameras). Anyway, the lead bar tender brought over a cup of ice water and said she was not allowed to provide me with ice. Another customer left the place, went to the 7-11 and brought back a bag of ice for my foot. I had twisted my knee but that was okay. My ankle was another story. I figured the ice would make it heal up and I'd be okay. The next day it was swollen even worse and more painful so I went to the hospital. I had x-rays done and a cat scan that determined I may need surgery because my foot is actually broken. Is this not under premises liability? I hadn't even gotten a drink at the establishment. I was not drunk and I also was wearing flat and sensible shoes. Is there a lawsuit here ?
Question Detail: The place I live has karaoke on Thursday evenings. It is a family restaurant/bar situation with a pool and game room for children. We went this past Thursday and I was only there about 3 minutes when I had gotten up from my chair to go and say hello to a friend I had recognized at the establishment. Upon getting up from my chair, I hadn't noticed but there was an item on the floor that did not belong on the floor (I guess belonging to another patron). It was half on a chair and half on the floor. This item was a mermaid costume. The costume colors blended in with the chair and I hadn't noticed it until after I fell. The tail of the costume was described as being slippery and this portion of the costume was on the floor and is what made me slip and fall. My husband picked it up and said this is what you slipped on and it's slimy and slippery! It was 'quickly' removed by someone (but the place has security cameras). Anyway, the lead bar tender brought over a cup of ice water and said she was not allowed to provide me with ice. Another customer left the place, went to the 7-11 and brought back a bag of ice for my foot. I had twisted my knee but that was okay. My ankle was another story. I figured the ice would make it heal up and I'd be okay. The next day it was swollen even worse and more painful so I went to the hospital. I had x-rays done and a cat scan that determined I may need surgery because my foot is actually broken. Is this not under premises liability? I hadn't even gotten a drink at the establishment. I was not drunk and I also was wearing flat and sensible shoes. Is there a lawsuit here ?
Answer: Probably not. The bar is not responsible for the costume
owner. I don’t think the costume owner
is more to blame than you so applying comparative negligence law, you would not
recover. You should talk to the
insurance company and see if they have “medical payments” coverage which can
pay regardless of fault, but usually limited to 1-5 thousand dollars.
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