Visitor Question

Injured from Falling Off a Faulty Bar Stool…

Submitted By: Alexis (New Rochellle, NY)

I went with my fiancé and my good friend to a wine bar last night in on Park Ave in New York City. While enjoying my first glass of wine and a panning, the leg of the bar stool separated from the top and I crashed onto the floor. The bartender asked me if I was ok, then referred to another employee “this stool is not a good one!” He got me another stool and went about his night.

I was embarrassed so I didn’t press the issue. My back is killing me, I have shooting pains down my arm, and I have a softball sized raised black bruise on my left buttock. What can I do? I have no insurance, and I can’t stand at my new job for mire than an hour!

I am going to a doctor tomorrow because I am in so much pain. Is the liability on the wine bar or the faulty bar stool manufacturer? What actions can I take?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Alexis,

Alexis (New Rochelle, NY)

You are right on both accounts. The owner of the wine bar is liable as is the manufacturer of the bar stool. You will have more success pursuing a claim against the bar owner than you will the bar stool manufacturer. The bar stool manufacturer will probably defer to the bar owner’s use or “abuse” of the stool.

If your injuries were more serious, and we are certainly happy they aren’t, it might be worth pursuing the bar stool manufacturer. However, you will have a much better and more immediate chance of success pursuing the bar owner.

Contact the management of the bar and report the incident. At or about the same time get to your doctor and be fully examined. She may require an MRI (Magnetic Resonance Imaging) Exam and a CAT Scan (Computer Axial Tomography) Exam.

Those examinations will be able to tell your doctor if you have any broken bones, torn ligaments or tendons, or damage to any of your internal organs.

That is the start of your claim. You have a 2 year Statute of Limitations period in which to put the claim together and fully pursue it, whether the case eventually settles, or it becomes necessary to file a lawsuit to protect your interest.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: October 17, 2011

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