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.
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
The above is general information only and is not legal advice. The information provided does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action. I am not your attorney until we sign a retainer agreement.
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.
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
All information provided in this comment is intended for informational purposes only and does not, by itself, create an attorney client relationship. Without the benefit a personal consultation to exploe all of the facts of your legal problem, the information in this posting may be inaccurate and for that reason it should not be relied upon. If you wish to consult with an attorney, or have any questions concerning this comment, please feel free to contact our offices through any of the above contact sources.
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.
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