Suing a nightclub? My friend fell on a wet, slippery floor (sober).

Asked over 1 year ago - Williamsport, PA

We spoke to the owners of the club, and they said the nightclub has NO insurance for things like these. She is having trouble finding a lawyer to even take the case because of the long litigation process that she'd have to go through. S broke my foot and was unable to work, and now she very behind on bills and mortgage. What are her options?

Attorney answers (5)

  1. Eric Eugene Shore

    Contributor Level 11

    6

    Lawyers agree

    Answered . First, I understand why most attorneys are loathe to accept this case. Not only are there some problems with the case itself (such as whether the owner of the club had sufficient "notice" of the unsafe condition to fix it before your friend fell), but without insurance even a "win," may get you nothing. If the owner has no insurance, the only alternative would be to attempt to execute the judgment against assets the owner has, such as the club itself. Even if they have such assets, that is a long and complicated process. Moreover, if the assets are encumbered (such as with a mortgage), they would probably be beyond reach and no one would get anything.

    An attorney who would be working on the basis of a contingent fee agreement would shun this case, since in all probability, all they would do, even if they win, is lose time and money. If you want to pay an attorney their hourly fee, however, I'm sure there are many who would accept the case.

  2. Christian K. Lassen II

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . If there was negligence, a lawsuit can be filed, and it doesn't make a difference whether they have insurance or not. A lawsuit should typically be filed for any slip and fall, as these cases are aggressively defended. Good luck.

  3. Stewart C Crawford Jr.

    Pro

    Contributor Level 16

    3

    Lawyers agree

    Answered . Unless your friend worked there, liability will likely hinge upon whether the owner of the establishment had notice of the spill and an opportunity to clean it up. The lack of insurance isnt necessarily troubling since the business owner probably has other valuable assets that can be executed upon. Moreover, the lack of insurance isnt necessarily to be believed until you hear from the bar's carrier.

    Stew Crawford, Jr., Esq.

    Crawford Law Firm
    A Full Service Law Firm Serving Pennsylvania & New Jersey

    Philadelphia Area Office
    223 North Monroe Street
    Media, Pennsylvania 19063
    877-992-6311
    www.crawfordlaw.org

    E-Mail: injury@subrolaw.us

    All information provided in this comment is intended for informational purposes only and does not, by itself,... more
  4. Matthew C Simon

    Pro

    Contributor Level 18

    4

    Lawyers agree

    Answered . Seek a local personal injury attorney to aid you. Don't take the night club's owner's word for it. Also, you can sue the night club directly even without insurance. Also, don't wait as there could be Statute of Limitations issues. If you need a recommendation, contact me anytime. I know several personal injuries attorney in Pennsylvania. Good luck.

    Matthew C. Simon, Esq.
    The Law Office of John Tierney
    1259 Route 46 East
    Building 3, Suite 133
    Parsippany NJ 07054
    Tel: 973-588-3050

    The above is general information only and is not legal advice. The information provided does not form an attorney-... more
  5. Gladys E. Wiles

    Contributor Level 10

    1

    Lawyer agrees

    Answered . It's unfortunate, and I agree with the other attorneys that many attorneys do not like taking on slip and fall cases such as this. However, continue searching for a personal injury attorney in your area that handles these types of cases. Make sure you obtain as much information as you can regarding how you fell, what caused you to fall, how that liquid got to be on the floor causing your fall, how long the substance was on the floor, etc. . . as all this information is essential in determining if the nightclub is at fault.

    Good luck!

    Gladys Wiles

    The information contained in this Website is provided for informational purposes only, and should not be construed... more

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