I slipped on a spill in a nightclub and hit my head on a metal counter top, no staff helped and they did not clean up the spill

Asked almost 2 years ago - San Diego, CA

i went home with a headache and went to sleep, and woke up at 8am with headache and pain, what should I do I left without filing an accident report, what should I do?

Attorney answers (4)

  1. Christine C McCall

    Pro

    Contributor Level 20

    14

    Lawyers agree

    Answered . This may not be worth the effort to launch a legal action and attempt to find proof that the club knew about the spill. You had a headache? Are you sure it was from the injury? A headache is not an uncommon day-after result of an evening at a club, you know. No medical treatment? No lost work or wages? No permanent disability? There is probably not enough juice in this claim to justify the costs of filing the suit.

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice.... more
  2. Christian K. Lassen II

    Pro

    Contributor Level 20

    11

    Lawyers agree

    Answered . A slip and fall is not automatic liability, as there would have to be negligence by the club, usually by being on notice of the spill and failing to clean it up, however, you can retain a local personal injury lawyer to investigate this if you feel your injuries warrant it.

    Licensed in PA & NJ. 29% Contingency Fee. Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  3. Mark Copoulos

    Pro

    Contributor Level 15

    9

    Lawyers agree

    Answered . Mr. Lassen provides an excellent response. You are going to have to show the Night Club had some constructive notice of the spill. (e.g., the spill was on the floor for a while, and a reasonable Night Club would have cleaned it up before you slipped on it).

  4. Mark Carleton Blane

    Pro

    Contributor Level 14

    5

    Lawyers agree

    Answered . This is an extremely difficult factual scenario as you would have to prove the Nightclub failed to remedy the spill after they had reasonable notice of it. In a Nightclub situation, it is dark, people are on the floor dancing, alcohol may be involved (not sure on your end from the question), and it can sometimes be impossible to prove how the spill was on the floor and for how long. All of this would need to balanced with your injury as well. How bad was your injury? A minor headache v. Post Traumatic Concussion with over night observation in a hospital and follow up care?

    The information contained in this email is legally privileged and confidential information intended solely for the... more

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