Here in Miami, people go to nightclubs to have a good time. They may go out in a large group and blow off some steam. Visitors to the area may drop in to enjoy their vacation. Going to a nightclub isn’t nearly so much fun if you end the night in a hospital because of injuries you suffered.
What Law Would Apply?
Injuries at a nightclub would probably fall into a category of personal injury cases known as premises liability cases. Generally, under state law, property and business owners must keep their premises reasonably safe for people on the property. As a result, a person who sustains injuries caused by the property’s dangers or defects or problems with how the business is run.
The party’s obligation or duty to keep you safe depends on your legal status when you’re there. You could be a:
- Business Invitee
- Recreational User
The laws for each type are different. If you’re a customer, you’d be a business invitee, and the property owner or business manager owes you a duty or obligation of the highest level of care. No matter your status (including if you’re a trespasser to some extent), the owner has a duty to maintain reasonably safe and secure premises.
What Situations Could Lead to Premises Liability?
They’re only limited by the circumstances and how a party’s negligence can cause your injuries:
- Insufficient lighting, a wet floor, or a poorly designed or maintained staircase may cause you to slip and fall. Personnel may ignore water or drinks spilled on the floor and not clean them up, creating a hazardous situation.
- Electrical defects or failure to maintain the property up to applicable fire codes could result in a fire. This could cause burns, smoke inhalation, injuries while trying to escape the property, or lethal injuries that cost your life. Allowing too many people in the club or blocking fire exits would make a bad situation worse.
- The club has a duty to provide adequate protection to its customers, including providing and maintaining security. The club may be liable if you’re injured by an intoxicated patron who has been served too much alcohol or has already assaulted someone else but remains on the premises. On the other end of the spectrum, overly zealous employees and security personnel may target and assault you without justification.
- If the club serves alcohol to someone younger than the legal drinking age or who is addicted to alcohol, and you’re injured as a result, they would violate the state’s dram shop act.
- If you’re crossing the street in front of the club to enter or leave the nightclub and are struck by a vehicle, depending on the facts, the driver may be the cause, or the business may share the blame.
Nightclubs present a toxic stew of potential problems that may result in injuries. This is especially true if there are physical problems with the premises or their employees don’t act professionally.
How Might I Be Compensated for Injuries at a Nightclub?
If we show that the property owner or the nightclub’s management negligently caused your injuries, they may compensate you for your harm. This harm may include pain, suffering, lost pay, out-of-pocket costs (such as medical bills), and payment for any long-lasting or permanent limitations or disability.
Get the Help You Need from a Lawyer You Can Trust
Personal injury attorney Jeffrey R. Davis has helped thousands of clients like you. Call us at (305) 577-3777 or complete our online contact form today to schedule a free consultation. We can discuss what happened, how Florida law may apply, and what you should do next to protect your rights.