Fell from a stage while dancing...

by Jim
(Chicago, IL)

My friends and I were allowed to dance on a stage at a bar. While dancing, I fell off the stage and hit my head. The bar called an ambulance and I was taken to the hospital where CT scans were performed (but not properly explained to me before I could give permission to take the scan).

I am insured, and my insurance company has covered all costs above my very high deductible. However, can I go to the bar and file an injury claim for the remaining portion of the bill (my deductible portion)? Had they not allowed patrons to dance on the stage, this incident would not have happened. Any info you can give would be appreciated.

Visitor Question:
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ANSWER for "Fell from a stage while dancing...":

Jim (Chicago, IL):

You can certainly file an injury claim with the bar owner and her insurance company. You may be fortunate and the bar owner will agree to pay your deductible, or you may not be so fortunate and the bar owner will refuse.

If the owner refuses, you can consider filing a lawsuit against him or her. Before doing so, you must consider the applicability of your "comparative negligence." Under Illinois law Section 735 ILCS 5/2-116, if it is found you contributed to your own injury by 50% or more, you are barred from recovering any compensation.

For example, if the bar owner is determined to be 80% at fault and you are determined to be 20% at fault, you can collect for your damages since you were less than 50% at fault. But if your own negligence is determined to be 51%, you can't recover any amount.

Learn more about Illinois' comparative negligence statute.

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,

Judge Calisi

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