A Few Drinks Can Lead to a Slip and Fall
You’re at a bar and like most places, there are a few drinks spilled every now and then, or maybe an unsuspected leak coming from the ceiling. Either way, you’re walking back towards your friends in the dimly lit bar and, without caution, come across a wet patch on the floor. You slip and hit your head hard, probably resulting in a concussion or much worse. Sure, you had a few drinks, but you were in sound enough mind to walk straight. There should have been a “wet floor” sign, or better yet someone should have cleaned up the mess. What can you do?
Slip and falls, while on a bar or club’s property, is considered premises liability in New Jersey. Through this, the owner of said property may be held liable. For that to happen, the owner or possessor of the property must be proven to have known about the dangerous condition or situation present and neglected to take care of it. At the same time, it must not be an obvious and avoidable risk that the injured party neglected to protect themselves from.
Ways to Prove Owner Negligence
- The owner created the condition
- The owner knew of the condition and negligently failed to correct it
- The condition existed for such a length of time that the owner should have discovered and corrected it before the slip and fall happened.
- The owner should have known of the dangerous surface because a “reasonable” person taking care of the property would have discovered and removed or repaired it.
In this instance, the owner may be blamed if there was a drink or any kind of liquid on the floor that was not cleaned up within a reasonable amount of time, which in turn lead to someone’s slip and fall injury. The owner may try to fight back by saying that you were too drunk and injured yourself, especially if they own liquor liability insurance; meaning they’re covered for liquor-related accidents. In this circumstance, it is imperative to prove that the dangers on the premises were the cause of your injury and not your own negligence. For example, noting that you were in sound mind, and that the wet floor was unmarked and hard to see due to the low lighting within the bar. Owners need to ensure their customers’ safety and clean up messes as soon as they happen There is no excuse.
If your slip and fall happened in an area that is more common (i.e. a staircase) and there were no railing or appropriate handrails in place for your safety, you may also be able to claim negligence. This would fall under a building code violation where certain safety measures must be taken place, even if you were intoxicated upon the fall. Nevertheless, intoxication may reduce the amount of money you receive under a claim because it contributes a factor of negligence upon yourself.
Contact Slip and Fall Attorney Anthony Carbone
If you are the victim of a slip and fall injury due to a business’s negligence in New Jersey, now is the time to act. Contact the Law Offices of Anthony Carbone today for a free evaluation of your case. He will get you the compensation you deserve for your injuries.