slipped on a wet dance floor in a nightclub and fractured my wrist?

Question

as a result have needed surgery to repair severe damage to fracture and have been in constant but varying pain for the last two weeks and have been told by the physio that it could be 9 months before my wrist is back to normal. I am contemplating making a claim against the owners of the nightclub. Had a few drinks before the accident but was not drunk. I am sure the owners will be very quick to point out "at your own risk signs"etc. It is my opinion that any signs in places of entertainment of the "own risk" type do not absolve the owners of their duty of care to their customers. Any sensible comments/suggestions welcome please.

The response in the first 10 minutes has been overwhelming and many thanks to the answerers (except one).
As an extension to the original question, should surfaces such as nightclub dance floors which are certain to become wet with all manner of spilt liquids not be constructed of slip proof material thus reducing the risk of accidents. I am not a frequent visitor so maybe I am expecting too much.

John H (UK)
Thanks for that illuminating response. Do you feel better now you have got that off your chest?At least your invective was in parenthesis and got past the violation police.

Answer 1

You are unlikely to be successful in this claim in court, but the club may want to cover your medical costs as a 'goodwill' gesture.

First, as you admit, you had been drinking. This mitigates your claim; so even if you won, it's likely the award would be reduced.

Second, a club is a place where you might reasonably expect liquids to be spilled.

Third, you'd have to prove that the club knew there was a risk in that location, and had done nothing to remove the risk by mopping that area.

By the time you factor in the cost of the attorney, you will be much better off persuing a private claim with the management of the club.

Answer 2

The owners cannot completely erase their own liability by posting "at your own risk" signs. If there was a dangerous condition (wet floor) and it had been there long enough for them to have what's called "constructive notice" of it, then they should be held responsible for injuries that result. If someone just spilled a drink 30 seconds before you stepped in it, you cannot reasonably expect the management to have discovered and corrected the problem within that time. It's a flexible requirement, and open to interpretation. You can present a claim, and they can dispute it---that's why we have a civil court system, to work out such disputes. Good luck.

Answer 3

Recommend you call one of those many law firms advertising on the TV at the moment for accidents that were not your fault. I was a legal secretary for 10 years and I have a restricted knowledge of the law, but I think you may find it hard to get compensation based on the fact that it would not be reasonable to expect a night club dance floor to remain dry. If the club has clearly visible signs up stating that they accept no responsibilty for health & safety and you enter at your own risk etc then that acts as an exclusion clause from their duty of care to you. Any such notices MUST be displayed in a clearly visible place, no doubt they have something of like in the clubs entrance to cover them

Answer 4

I think you should check with an attorney, but in my opinion that the signs cover the issue, along with the fact that anyone going to a nightclub should have a reasonable expectation of spilt drinks on the floor (therefore negating any claim you might make). Imagine how it would be if every time a bit of drink tipped out of someone's cup he music stopped, everyone cleared the floor so that the mop brigade could clean up! However, if there are signs posted disallowing bevs on the dance floor, you might be able to sue the person who spilled the drink, but good luck finding them!

If the spill was from a leaky pipe, the you have a case.

Answer 5

In most cases an establishment could be held liable for a wet floor with no warnings, especially if the hazard was present for a prolonged period. However, "contributory negligence" comes into play as youre friend was voluntarily intoxicated. Im not a lawyer, but I do know that in most jurisdictions, if the suing party (plaintiff) is deemed to have been more than 50% at fault, then no damages are awarded. Considering youre friend was intoxicated, she would likely be deemed to be at least half responsible. But seeing as her injuries were severe, consulting a personal injury attorney might be a good idea to get a professional opinion.

Answer 6

Suck it up. I'm sorry you hurt your wrist so badly. But seriously, suck it up.

It was your choice to go to the club - clubs are notoriously dark places with lots of jostling and bumping. Things get spilled, glasses dropped and broken, people get slammed in the mosh pit or slip on a spilled drink. People wear spindly high heels that don't give them any traction when they hit slick spots. People drink and their coordination suffers. These things happen.

Your accident was an accident. Not negligence on the part of the club owner.

There comes a time in your life when you have to take responsibility for your own actions.

Answer 7

I think to hold the club owners responsible for some drunk spilling something on the floor is a bit much, if we all did this the cost to pub and club owners would just force an increase in costs to cover extra staff, next thing you will want is to close all pubs and clubs so therefore reducing the risk

Answer 8

I think you have a good case against them, every time we get into a car we are at risk of an accident and when it does happen, there is usually a liability that comes with it...They are going to try and say that you were drinking and such but it is up to them to keep the dance floor dry and safe for use..

Answer 9

I'm no expert in this type of law....but yes, if you wanted you could challenge liability. Its worth asking one of those no win no fee solicitors. They wont take your case if your not likely to win. Also, be aware that they may claim "volenti non fit injuria" whereby you contributed to the accident (as you had been drinking) this may reduce compensation or wipe out any chances of getting any.

But maybe worth asking though.

Answer 10

You can collect for actual costs that are directly caused by the incident. Punative damages, maybe, but it's very hard. You can't get cosmetic surgery costs, since cosmetics are not life threatening, unless you are disfigured on a part of your body necessary to your work- like Garbo's legs.

As for the drinking, they served you, so they are reesponsible.