Should I request the establishment to cover my medical bills and not being paid for being off work?

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 six weeks. I have not been to work since my surgery per doctor’s orders. Any opinion would be greatly appreciated. I returned to work after six weeks but am still using a walker. I have started Physical therapy to get my ankle foot to moving gain.

Stephen Lombardi · Answer

I'm not sure I see how the establishment is at fault or if the   floor was dirty how (now) you would prove the condition at the time of the   accident.

Ronald A. Steinberg · Answer

You have to prove that they knew about the defect in enough time to prevent you from getting hurt.

Sandeep Agarwal · Answer

You can sue the establishment if you can prove that a dangerous  condition on their premises to which they had notice of caused your  injuries.

Christian Joseph Menard · Answer

An establishment is liable for any dangerous condition upon its property that it had knowledge of, or should have had knowledge of that causes its patrons injury.   Not sure why your foot stuck causing you to fall. But if it was a condition that was dangerous and of which the establishment knew about and had a reasonable time to remedy but failed to do so, then the establishment is responsible for your medical bills and pain and suffering.  The establishment will deny your claim so don't hold your breath. You still probably need to hire an attorney to file a lawsuit on your behalf.  Keep in mind that the burden of proof on the issue of dangerous condition is yours. In other words, an establishment is not automatically at fault for someone falling on their dance floor. They will simply say you had two left feet which caused the fall.

John Shean · Answer

You should ask the establishment if they have medical payments coverage on their insurance policy.  If so, file a claim with that insurance company. In addition, you should talk to a qualified personal injury lawyer to review the circumstances to see if you have a claim for negligence against the owner or operator of the establishment.

Paul Whitfield · Answer

I think I answered this question last week. Why do you think the dance hall has any obligation to you. You were the dancer. You broke your own ankle. You must prove negligence on the part of the dance hall before you talk about them paying anything to you and you have not done that.

John Brennan · Answer

Unless there was some negligence the establishment will have no liability to pay you meds or work loss.

Clinton Nash · Answer

The answer to your question depends on whether the establishment is legally liable for your injuries. Please call me to discuss your case. We do not charge potential clients to discuss their cases on the phone.

Erven Nelson · Answer

Yes, assuming that you can prove that the business was negligent (careless in maintaining the dance floor).  Hire a good personal injury attorney to write a demand letter to the business.  If they won't settle, sue for your medical bills, lost wages, pain and suffering.  You might also have a disability.

Jason Neufeld · Answer

Your question depends on whether the dance club is responsible for your fall. What did your foot get stuck on? Was there a defect in the floor? You have the burden of proving that, not only was there a defect on the floor, but that the management knew (or should have known) about the defect that caused your fall and injury. Feel free to call to discuss further.

Brian Franciskato · Answer

Slip and fall cases can be difficult to win.  You have to prove there was a dangerous condition on the premises that the owner knew or should have known about, and then failed to fix.   Not sure why your foot stuck to the dance floor.  Maybe there was a substance on the floor or maybe a crack or uneven area or just a bad design.  That would be the first thing to consider.  That being said, it is possible the owner has medical payment insurance coverage that could pay for your medical bills, regardless of proving liability.  In any event, you should consult with an attorney in your local area to assist you in making your claim.

David Stoddard · Answer

The are probably not liable.  You would have to show that they were negligent and their negligence caused the accident.  From what you describe, it sounds like an accident that is an inherent risk of dancing.  If you have health insurance, it is probably not worth filing a claim.  If you have no health insurance, you may want to inquire as to whether they have med pay insurance.  This is business insurance that pays medical bills for any injury that occurs on the premises regardless of who is at fault.  Some businesses have it.  Many, perhaps most, do not.

Marvin Schulman · Answer

Yes. They may have Med-pay coverage.

Andrew Velonis · Answer

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.  So, you would have to show what it was that caused your foot to stick to the floor, etc.  It's not impossible, maybe there was a defect in the way the dance floor was built.  There is another possibility as well: 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

James Kelaher · Answer

Before the establishment would be responsible to you, you must prove that they were negligent. Negligence is defined as a failure to use reasonable care. If your foot stuck to the floor because there was some sticky substance on it, you would have to prove that the establishment either knew about that substance, or should have known about it in the exercise of due care. Many people believe that if they are injured on someone's property, the property owner is responsible, but that is not the law; you must prove the landowner was negligent. HOWEVER, many establishments have insurance with what is called "med pay" which is short for medical payments, and if someone is injured on the property, regardless of fault, the insurance will pay for medical bills up to the limits of the med pay coverage. You should ask the establishment for their insurance information, which they are statutorily required to give you, and then contact the insurance company to see if they have med pay coverage.

Malosack Berjis-Myers · Answer

Yes, you should request that the establishment cover your medical bills.  However, you should have a personal injury attorney do this for you.

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Should I request the establishment to cover my medical bills and not being paid for being off work?

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