Concussion from Fall at a Nightclub...
I was at a nightclub with friends. I was standing talking to my husband and decided to talk to my friend. As I walked towards her, I slipped and fell on what appeared to be melted ice. It happened so fast I couldn't use my hands to hold my fall. My head hit the polished concrete with full force.
I was confused and dizzy for what felt like an eternity. My husband tried to pull me up but I couldn't stand without someone's help. I was dizzy and couldn't hold my balance. My husband asked for the manager and explained that I slipped and fell due to water on the ground. The manager had the nerve to offer us free drinks. By the way, I don't drink.
My husband requested that he call the paramedics. Shortly thereafter the paramedics arrived and my husband assisted me outside as the paramedics asked me what had happened. I told them I slipped and fell. After that I felt unstable so my husband drove me to the emergency room where they did a C.T. scan and x-ray. The doctor said I suffered a concussion.
I missed a week of work because I can not drive due to my vertigo and headaches. I have a black eye and I'm having a hard time concentrating. If you were to look at the footage from the surveillance camera, you'd see that I did not have any drinks in my hand and after the fall, I had to sit down due to the severe dizziness.
Do I have a case? Is the nightclub liable for my injuries? If so, how would I go about pursuing the club for my medical bills and pain and suffering? Thank you so much in advance for your answer.
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ANSWER for "Concussion from Fall at a Nightclub...":
Sofie (Riverside, CA):
Although you may have a case it will not be a very good one. Thankfully you didn't sustain more serious injuries. To have a credible claim against the nightclub you would have had to have sustained verifiable and documented injuries. From the facts you present it doesn't appear you have.
When the paramedics arrived they would have evaluated you, stabilized you, and if they thought your injuries were serious enough, have transported you to the local hospital.
The paramedics would have insisted you allow them to transport you to the hospital if they believed you suffered any type of injury more serious than vertigo or the beginnings of a black eye.
At this point no one has accused you of having contributing to your own fall as a result of drinking.
The injuries you suffered are referred to as "soft tissue". Soft tissue injuries are those which occur to the skin, the muscles, ligaments, or tendons. Those injuries in and of themselves can result in a personal injury claim, but to do so effectively they must be verified.
If you feel you are still injured, and your injuries are more than a black eye, you will need to go to your local medical clinic or hospital. Once there they will evaluate you to see if you suffered any injuries more serious than a black eye and temporary vertigo.
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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