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-   -   Are they responsible for my medical bills? (https://www.askmehelpdesk.com/showthread.php?t=591399)

  • Aug 6, 2011, 07:00 AM
    SmilingInside
    Are they responsible for my medical bills?
    I was at a local bar. They have poles you can dance around by the dancefloor. I was using one, and there was something sticky on the floor that caused me to injure myself. I ended up with a torn ligament in my knee. I went to the ER immediately, and followed up the next day with urgent care, who then set me up an appointment with orthopedics in a few days.

    I did not call the police at the time or anything, but I did tell the bouncer what had happened and I told the ER staff what had happened as well so it's somewhat documented, although I don't know how well it was written down or remembered! (I didn't relaize or know at the time how bad my injury was)

    Are they responsible for my injuries and should they pay the medical bills and other expenses related? I'm in a LOT of pain, here, too... this has been a very devastating injury, as I am a very busy and acive person with a busy life with kids! Now I'm in an immobilizing knee brace and crutches! Not fun.
  • Aug 6, 2011, 07:46 AM
    twinkiedooter

    More than likely there is a sign posted somewhere in the club that advises you to Dance on the poles at your own risk. Go back and see if this is the case and while you are there speak to the manager and see what if anything they can do about you bills. You may have to resort to hiring a personal injury attorney to collect anything on your medical bills. I wouldn't hold my breath on that one.

    Usually in clubs the poles are not to be used by the patrons but by the club performers only due to potential injuries.
  • Aug 6, 2011, 10:28 AM
    joypulv
    You walked out the door on your own and now the burden is on you to prove that you were injured at the bar. A lot may depend on the bouncer, anyone who was with you, and the willingness of the bar to consider themselves responsible after the fact. You can ask them and give them your bills, you can sue in small claims, you can hire a slip and fall lawyer. Usually small claims is your best bet, although you should send a letter to the owner first.
  • Aug 6, 2011, 10:32 AM
    J_9

    Quote:

    ERROR: You must spread some Reputation around before giving it to joypulv again.
    I totally agree! Now the burden of proof is on the OP. She has to prove unequivocally that she hurt herself while still inside the bar. She should have had an ambulance called when she was hurt.
  • Aug 6, 2011, 10:40 AM
    excon
    Quote:

    Originally Posted by SmilingInside View Post
    Are they responsible for my injuries and should they pay the medical bills and other expenses related? .

    Hello Smiling:

    That's the wrong question... The RIGHT question is, can you win a lawsuit against them. I'd say maybe.

    To get a BETTER perspective, I'd visit a few personal injury lawyers. If THEY think you have a case, they won't charge you UNLESS you win.

    excon
  • Aug 6, 2011, 10:42 AM
    J_9

    Were you drinking? That WILL be questioned.
  • Aug 6, 2011, 05:21 PM
    SmilingInside
    J-9, yes I was, but mildly... I purposely had a drug/alcohol screen done right away upon entering the ER to prove that I certainly wans't under the influence of any illegal drugs and that my alcohol consumption was mild at best.

    Well I think I'll just go to small claims with it, if it has to go that far even.

    There is NO sign and the poles are for cutomers only, this is NOT a strip club.
  • Aug 6, 2011, 05:23 PM
    SmilingInside
    Twink: This is NOT a strip club, there are just sripper poles there. Purposely, not like they're structural fiztures or anything.
  • Aug 7, 2011, 09:18 AM
    twinkiedooter

    Have you ever used these type of poles before? You will be asked that question.
  • Aug 7, 2011, 09:19 AM
    twinkiedooter
    Quote:

    Originally Posted by J_9 View Post
    I totally agree! Now the burden of proof is on the OP. She has to prove unequivocally that she hurt herself while still inside the bar. She should have had an ambulance called when she was hurt.

    Ambulances cost money and somebody has to pay for this. Just calling an ambulance every time you get injured is really overkill if you ask me.
  • Aug 7, 2011, 09:47 AM
    excon

    Hello again, S:

    Nobody wants to see people file frivolous law suits, and you're getting just a sample of what you're up against... Nonetheless, people DO get injured due to the negligence of others, and the place to get that sorted out IS in a courtroom.

    Plus, nobody here can make a judgment as to who is, or who ISN'T responsible. We don't even know the right questions to ask, and you certainly don't know what relevant factors to present to us.

    So, if we err in our advice, I'd rather we err on the side of caution. Certainly, if your rights HAVEN'T been violated, a quick visit to an attorney will make that plain to you. If that's so - no bill, no harm, no foul.

    But, if they have been, nobody here would suggest you lay down.

    excon
  • Aug 7, 2011, 09:59 AM
    twinkiedooter

    This is a little more than a slip and fall case as the substance on the floor that caused the OP to slip and injure herself is the real culprit. She didn't elaborate just how the accident really happened so we can only speculate. She was just wanting to know if she can get them to pay for the medicals.

    A quick trip to a good personal injury attorney will answer all her questions and more.

    If he offers to take her case on a contingency basis would be a good indicator that you have a good, winnable case as no PI attorney wants to spend his own money gathering info, medicals, witnesses, etc if he's going to lose the case.

    If he tap dances around and does not want the case, then your chances are slim to none you will win.

    Exie - I don't see any of OP's rights being violated on this case.

    She did the right thing by being drug tested upon arrival at the ER which would rule out her being drunk on her behind when she injured herself.
  • Aug 7, 2011, 02:23 PM
    ScottGem

    First, I agree that calling for an ambulance is not always called for. But if one is injured in a situation where there is a potential law suit, then yes it is called for. The bar should have been the one to call.

    As far as whether there is a case against the bar, there would have to be proof of a negligent condition. What proof is there that there was a substance on the floor that caused the slip and that it didn't belong there?
  • Aug 7, 2011, 05:06 PM
    ballengerb1

    Maybe there was a sign on the wall saying the bar is not responsible, that is to through you off, they are responsible if proven negligent. Coat check signs say they are not responsible for stolen articles, guess what, they are. The biggest draw back is what you contend was on the floor then may no longer be there or they could claim it just got there. Try the lawyer route but I am afraid most will take a pass on this cases. Not enough mponey in it and no proof.
  • Aug 7, 2011, 05:12 PM
    Fr_Chuck

    The issue is something spilled on the floor ( very common in bars) but also what is the common and normal response, do they as soon as they are notified of a spill, clean it up, and/or put out a warning for it

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