QUESTION
Should I request the establishment to cover my medical bills?
Asked on Jan 22nd, 2013 on Personal Injury - New York
More details to this question:
I was out dancing and broke my ankle in three places on the dance floor. My foot stuck to floor and then foot slipped off and I guess twisted off the side of dance floor. I had to have surgery and my doctor said I could not walk or put any pressure at all on it for at least 6 weeks. I have not been to work since my surgery per doctor’s orders. It’s not being paid for being off work but I don't think I should request off work pay. Any opinion would be greatly appreciated. Thank you.
12 ANSWERS
Ronald A. Steinberg
If you can prove that the substance which caused you to fall was known by the establishment in enough time to fix it before you fell, you could sue.
Answered on Feb 01st, 2013 at 3:29 PM
Civil Litigation Attorney serving New York, NY
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Havens & Lichtenberg PLLC
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The establishment might be liable for your medical bills and lost wages (plus pain and suffering, plus any reduced earning ability, etc.,etc.) only if there was some kind of a damage in the dancing floor surface that caused your injury, if the damage was clearly of the kind that a prudent operator of such an establishment should have repaired (or taken other reasonable steps to prevent injuries from it), and if you can prove all the above. If you believe you have (or can get) the proof of the owner's liability, retain an attorney.
Answered on Jan 30th, 2013 at 9:52 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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If they have medical payments coverage you msay get some of your bills paid. Otherwise you will get nothing unless you should they were at fault. Doesn't sound like it based on what you say.
Answered on Jan 30th, 2013 at 8:52 PM
Lisa Hurtado McDonnell
Did you report the injury to the establishment? If you did they the next step would be to send your medical bills as see if they accept liability. If they don't accept liability then you probably need an attorney.
Answered on Jan 30th, 2013 at 12:00 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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They are not liable just because you were injured on their floor. You have to prove that they were negligent and their negligence caused the accident. In this type of case, it would normally require that you prove that there was a dangerous condition on the floor that they created, or were aware of, and that they did not warn their customers of the condition.
Answered on Jan 29th, 2013 at 4:49 AM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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The dance club is not responsible for your broken ankle. They might have "medical payments" coverage for the business which allows limited medical payments as goodwill without admitting any liability. Why would they be responsible anyway? Why not sue the shoe company too? Maybe your socks slipped so sue J.C. Penney.
Answered on Jan 29th, 2013 at 4:48 AM
James Eugene Hasser
The establishment is only liable if there was a dangerous condition that they knew about that they failed to either guard against or warn you about. If the danger was open and obvious to you they would have no liability. If the establishment has premises liability insurance, they probably have a medical payments clause that says they'll pay for medical bills only regardless of fault. Hope that helps. Good Luck.
Answered on Jan 29th, 2013 at 4:45 AM
Yes, you could sue the establishment if it was negligent (at fault) in maintaining the dance floor. It depends on the facts: what caused the slip and fall; was there something on the dance floor; was the establishment aware of the problem, or should it have been aware? A good personal injury attorney can look into these issues for you. You should seek a settlement if the establishment was at fault.
Answered on Jan 29th, 2013 at 4:44 AM
Family Law Attorney serving Bluffton, SC
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Peacock Law Group of the Lowcountry, LLC
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In SC, you may very well have a personal injury civil action available to you Against the establishment in which you were dancing. You should consult with a local attorney in person prior to taking any action and/or inaction based upon this information.
Answered on Jan 29th, 2013 at 4:43 AM
Personal Injury Attorney serving Los Angeles, CA
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Law Office of Malosack Berjis
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There just aren't enough facts provided, in your post, to answer your question one way or another. (What caused your foot to get stuck to the floor? Did you file a report with the establishment?) Anyway, what you need to do is contact a personal injury attorney as soon as possible. And, given that many personal injury attorneys, like myself, offer free consultations, you have no reason not to call today.
Answered on Jan 29th, 2013 at 4:42 AM
Personal Injury -- Plaintiff Attorney serving Cleveland, OH
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Mishkind Law Firm, Co., L.P.A.
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The establishment probably has medical payment coverage regardless of fault. If there was a dangerous condition that the establishment knew of that caused you to fall you can bring a claim against them. Otherwise it will be difficult to prove that your fall was due to any negligence on their part. If you call the establishment(assuming you do not have an attorney) and let them know you were injured and ask them if they had insurance. If they did you can contact the insurance company directly and ask them if their insured had medical payment coverage. If so, they will have to pay you for any out of pocket medical expenses. If you feel like the establishment may have been negligent causing your fall, I urge you to consult with any attorney in your area to understand your rights and how to proceed. Good luck.
Answered on Jan 29th, 2013 at 4:41 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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A property owner or business proprietor can be held liable for known hazards that could foreseeably result in injury. In order to make a claim the injured party has to show either that the owner knew or should have known of the hazard, had an opportunity to correct it, and failed to take action or that the property owner created the hazard. From your description, I'm not clear as to how you got injured. Maybe there was a hazardous condition in that the design of the dance floor created visual confusion. But there is another possibility: some property liability insurance policies include a provision called a "medical payments provision". Although it is not required, this provision will pay medical expenses up to a certain amount, regardless of fault. I do not understand the statement about not requesting off work pay. If you are entitled to it, take it, that's what it's for.
Answered on Jan 28th, 2013 at 11:48 AM