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I fainted at a bar..had injury to my head. Should the establishment have insurance to cover my injury?

York, PA |

I was not intoxicated that I should have become dizzy and the room seemed to be spinning. It is believe someone at the bar put something in my drink. I hit my head causing unconciousness, then was transported to the hospital ER. I have no memory of events prior to, during or after my fall. Severe concussion. My question is should the established have insurance to cover my medical bills that my insurance does not cover.

Attorney Answers 4

Posted

There may be no fault medical pay coverage for bar patrons. You should ask if this coverage exists.

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Posted

I am licensed in Nevada, but this answer should apply in Pennsylvania as well.

As mentioned in the previous answer, the property owner and/or occupier may have premises medical payments coverage that would pay for damages at the bar, such as your injuries, regardless of fault. You can contact the bar or their insurer and ask if hey have such coverage.

It does not sound from the facts you have given that the bar bears any fault for your injuries. First, I see no evidence that someone spiked your drink. I would expect that to be in the hospital records if that were the case and the hospital checked for it. If not, it is more than likely too late to find evidence that your drink was spiked. Even if you could prove that someone put something into your drink, you would have to show that the bar (through its employees) knew, or should have known, that your drink had been tampered with in order to hold it liable for your damages.

The bar could be held responsible if you could demonstrate that one of its employees tampered with the drink while acting in the course and scope of his/her employment. Such proof would be proof of actual knowledge. In addition, you may be required to show that the employer knew or should have known that its employee would do such a thing for it to be held directly liable for negligent hiring the employee.

The "should have known" part of the liability element would require proof along the lines that the bar knew that this kind of thing has happened before and they failed to take reasonable attempts to remedy it from happening again.

Again, the facts you have given do not support any conclusion that the bar should be held liable for causing your injuries. The good thing is that you do have health insurance to cover your injuries. I hope they heal well.

Hope this helps.

/s Donald Kudler
http://www.capandkudler.com

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Posted

Mr. Kudler has given you some extremely good, and comprehensive advice. With regard to the suggestion that someone may have tampered with your drink, I would only add that, as the claimant, the burden of proof will be on you to prove what seems to be nothing more than speculation on your part at this time. Good luck.

The author of this post is licensed to practice law in the District of Columbia, Maryland, and Virginia. This post is intended as general information only, and is not provided as legal advice in connection with any specific case, and does not create an attorney-client relationship.

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Posted

Yes, they should. However, the insurance coverage, absent negligence on the part of the bar, would typically not extend beyond medical payments coverage.

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