Am I able to sue the night club that I was at if I was injured due to a wet floor?
Question Details: Last month, I was at a night club with friends dancing. One minute I was fine and the next I was on the ground and couldn't get up. I felt soo much pain the security guards had to pick me up and carry me outside where my friends called 911. I was transported by ambulance to the hospital where I later found out that I dislocated my knee and broke a piece of bone off. I believe that I slipped on the wet floor and thats what caused all of this. Now I'm thousands in debt and still suffering from the pain.
You would have to prove the nightclub was at fault--they are not automatically liable. Fault in this case means proving one of the following:
1) One of their own staff spilled a drink or liquid on the floor and did not clean it up.
2) A customer spilled it, someone reported the spill, and despite the spill being reported, they did not clean it up in a reasonable time.
3) A customer spilled it, it was not reported, but it was in an area where their staff should have seen the spill and so much time (probably at least 30 or more minutes) went by that it would be reasonable to think they should have detected and cleaned it.
If a customer spilled a drink, etc. a few minutes before you fell and no one reported it, so that in that time period, it was not reasonable for the club to independently notice and clean it up, they would not have been at fault or liable, since in this case, they did nothing wrong.
Proving 1) - 3) above may, of course, be difficult.