O'Malley Tunstall PLLC
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Determining fault for bar or club injuries

If a North Carolina resident is injured in a bar or nightclub, the law generally holds the venue responsible. However, there are situations in which an injured patron may be declared responsible for his or her own injuries. In one such case, a man claimed that he was injured while watching a hardcore rock concert at a popular nightclub in Time's Square in New York.

At concerts of this type, there is commonly an area near the stage known as a mosh pit. This is where individuals jump around and bounce off each other in a potentially violent manner. In this particular incident, the injured person was located near the stage but was not participating in any moshing. However, his claim was dismissed when the court ruled that he knowingly put himself in danger by choosing to stand near the mosh pit.

Another case involved a woman who was injured after dancing on a bar in an establishment where guests were encouraged to do so. Her claim for financial damages was rejected because she assumed the risk of injury by participating in the activity. Furthermore, it was revealed that the woman knew about the potential of slipping on the bar and wasn't concerned about that possibility.

Someone who is injured in a slip-and-fall accident may wish to consult with an attorney. An experienced lawyer may be able to establish that the negligence of a property owner led to the injury, making it possible for a victim to receive compensation for medical bills, lost wages and lost future earnings. Other damages may also be awarded by a jury or included in a negotiated settlement. Evidence of negligence may include the failure to keep floors dry, fix electrical issues or provide adequate security within or outside the premises.

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