Broken Leg at a Las Vegas Nightclub...
(Las Vegas, Nevada)
On a Thursday night a few friends and myself headed out to celebrate a friend's birthday. We decided a night club with full table bottle service would be best!
We entered the club and were seated at our table. Bottles were brought out and drinks were served. A few girlfriends and myself were told it was okay to get up on the attached platform behind our table area.
My friends and I started dancing when I slipped on something wet and I immediately fell over into another person's table area, breaking my leg and getting pretty banged up all over. Paramedics were called at my request.
It's not even 24 hours after my fall and I had to have surgery to my right leg. I have a long road to recovery as I will need physical therapy. What should I do about this fall that I sustained while at a Las Vegas night club? Is the club liable? Thanks.
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ANSWER for "Broken Leg at a Las Vegas Nightclub...":
Anonymous (Las Vegas, Nevada):
The club may be liable for the cost of treatment for your injuries, your out of pocket expenses, like prescription medications and over the counter aids, and an additional amount for pain and suffering. Your lost wages during the time you will be unable to work should be covered as well.
Contact the owners or managers of the club immediately. They should have completed some type of Incident Report when you were injured.
Hopefully the incident report will include as one of the causes of your injury the liquid which was left on the floor. Tell them you would like to speak with someone from their insurance company so your medical bills and other expenses can be taken care of.
A Claims Adjuster from their insurance company will call you within a few weeks after your call. Tell her exactly what happened. She will want to record your statement over the telephone. That is a normal and routine procedure, so don't hesitate to cooperate. The Adjuster will probably not tell you very much during the first call. That's because the cause of your injury will need to be investigated first.
The issue of Contributory Negligence may come up. This happens often in nightclubs and bars. When people are injured sometimes the issue of intoxication will prevent them from recovery for part, or all of their medical bills and other expenses.
If you went to the hospital and there your blood was drawn, the claims adjuster may try to get a hold of the results. The bad news is that if your blood level was over .08 in the state of Nevada you are considered to be legally intoxicated. Voluntary intoxication can often preclude someone from recovering compensation for their injuries.
The good news is now because of the strict HIPAA (Health Insurance Portability and Accountability Act of 1996) laws it is almost impossible for any third party to gain access to your medical records, including, but not limited to your blood results, without your specific written permission.
Be very careful! When the Adjuster begins her investigation she may ask you to sign a Medical Waiver form of some type. If you were intoxicated and the hospital drew blood do not sign the form. Not signing the form will not preclude you from recovering compensation from the nightclub. It will just make the adjuster's job more difficult.
If you run into any problems you can always consider consulting with a personal injury attorney.
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.
Best of luck,
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