Were You Injured at a Nightclub?

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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 
  • Licensee 
  • Recreational User 
  • Trespasser 

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. 

Wooden Deck at Shuckers Waterfront Grill Collapses, Plunging Heat Fans and Patrons into Biscayne Bay

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At least two-dozen people were injured when a wooden deck collapsed into Biscayne Bay at Shuckers Waterfront Grill last night in North Bay Village, FL. Apparently, as the overflow crowd cheered their local Miami Heat team during the NBA Finals, the wooden patio deck abruptly collapsed, pitching as many as 100 patrons into Biscayne Bay and injuring dozens. As a result of the collapse, the lighting at the rear of the waterfront restaurant failed, resulting in darkness and chaos. The patrons that were suddenly plunged into the water struggled to safety amid the ruins of the wooden deck, tables, chairs, umbrellas, and other debris. Shortly after the incident it began to rain, creating even more difficult conditions for first responders and rescuers.

Premises Liability – The Landowner and Business Operator’s Duty to Patrons

A landowner or business operator owes a duty of care to its invitees to maintain their premises in a reasonably safe condition. It is essential that property owners, especially commercial operators, maintain strict adherence to state and local building codes, fire safety codes, including occupancy limitations, and perform routine and regular maintenance and inspection of the property to insure it is safe and free from defects and hazards.

Questions remain about exact cause of premise deck failure and full extent of Shuckers Waterfront Grill’s liability

At this early stage, it is uncertain what caused the collapse of the patio deck at Shuckers. It will be necessary to conduct detailed inspections with engineers and other professionals in the fields of construction and building maintenance in order to determine the root cause of the deck failure. Also important will be an analysis of the occupancy of the restaurant at the time of the occurrence.

Have you sustained injuries as a result of a premise failure? Contact the law firm of Jeffrey R. Davis, P.A.

At Jeffrey R. Davis, P.A., we handle cases involving premises liability that result in injuries to guests, patrons, and invitees. If you have been injured while at a business, such as a restaurant, please contact the law firm of Jeffrey R. Davis, P.A. to determine what your rights are with regard to compensation for your injuries and damages. Jeffrey R. Davis, P.A. is a plantiff’s injury law firm that has represented thousands of people in South Florida since 1997. Please contact us for a free case analysis.

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