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Forum Thread

SD lawyers- question here

6,544 1,490 August 20, 2012 at 11:16 AM in Chat
Long story short.

Bachelorette party last year. Girls drinking.
Girl was not drinking too much to get hammered.
Girl likely had drink spiked by guys.
Girl starts dancing on music stage for bands with other girls allowed by bar.
Girl passes out and face plants off the stage busting nose and teeth.
Girl goes to hospital - bar apologizes and promises to never let anyone dance on the stage again.
Girls insurance only covers so much of cosmetic repairs so girl decides to sue bar to cover the rest of the medical bills.

Case or no case?

Bars lawyers are trying to make a personal attack on girls character saying shes a crazy drunk and it will likely go to trial without a settlement.

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PiratePenguin
08-20-2012 at 11:54 AM.
08-20-2012 at 11:54 AM.
Truth is she really didnt have much to drink (was only on drink 2 at the bar after a couple hours) and had 1 short prior to leaving for bar but that was a 1 hr drive in a taxi.

Girl knows how to drink but was taking it easy.

Girl was surrounded by guys since walking into bar.
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Baldilocks
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emelvee
08-20-2012 at 11:56 AM.
08-20-2012 at 11:56 AM.
That'll be $35, please (I re-read the corrected title pro bono).
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PiratePenguin
08-20-2012 at 12:03 PM.
08-20-2012 at 12:03 PM.
Quote from emelvee :
That'll be $35, please (I re-read the corrected title pro bono).
Haha, I have this funky split keyboard here at work. Sometimes it misses characters Roll Eyes (Sarcastic)

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chevvy
08-20-2012 at 12:06 PM.
08-20-2012 at 12:06 PM.
Quote from menace33 :
If her lawyers can prove that the bar could have done more to prevent such an accident then yes. If the bar had done what it had needed to do within Health Dept and Safety guidelines and the accident still occurred, then No because passing out is passing out Beer and you can't fix stupid.
But you can entitle it.Wink
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BostonGirl
08-20-2012 at 12:10 PM.
08-20-2012 at 12:10 PM.
Quote from nizzy1115 :
Truth is she really didnt have much to drink (was only on drink 2 at the bar after a couple hours) and had 1 short prior to leaving for bar but that was a 1 hr drive in a taxi.

Girl knows how to drink but was taking it easy.

Girl was surrounded by guys since walking into bar.
But then the question was, was she fine when she stepped up onto the stage? If so, shouldn't she thought to herself being a responsible adult "gee this stage is high, maybe I shouldn't be dancing up on here" ?
I get that your friend got hurt. But where does her responsibility come into play here? The bar didn't over serve her, so their only downfall was allowing people up on a stage to dance. Yet they are now possibly at fault because your friend chose not to watch her drink and chose to get up on a high stage and ended up falling.
It's not like she tripped because something was in her way that shouldn't be there. This was a stage that people perform on all the time. And most likely people dance on all the time. I'm guessing no one else has fallen and hurt themselves before?

It all comes down too, there's a possibility that someone spiked her drink. She should have had some blood work to check that fact, but that's another story. Anyone with common sense knows not to leave a drink unattended. It's not the bars fault someone possibility spiked her drink though, that it her own fault for not watching her drink.
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Iaaaiws
08-20-2012 at 12:12 PM.
08-20-2012 at 12:12 PM.
Quote from nizzy1115 :

Girl was surrounded by guys since walking into bar.
Why didn't one of them catch her as she fell? Dontknow
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chevvy
08-20-2012 at 12:12 PM.
08-20-2012 at 12:12 PM.
Quote from BostonGirl :
Ughh, I hate people who can't take responsibility for their own actions. You drink too much and fall, sue someone.
How about not going out to drink if you can't handle your booze? If I sued for every time I passed out and injured myself drunk, I'd be richer the Mr.SD..LMAO

Oh and far as someone "spiking" her drink, you don't leave your drinks unattended. Common sense right there.
Iagree


OP, alcohol can affect you differently every time you drink depending on dietary changes and other factors. The girl drank, got on the bar, and fell. All three actions were of her own volition and each perpetuated the next.

Did she take any pain killers or muscle relaxers before hand? What did she eat?

I have not doubt the establishment will lose this case or will settle before a trial to avoid even more expenses, but your friend.....just became part of the problem.
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PiratePenguin
08-20-2012 at 12:13 PM.
08-20-2012 at 12:13 PM.
Quote from BostonGirl :
But then the question was, was she fine when she stepped up onto the stage? If so, shouldn't she thought to herself being a responsible adult "gee this stage is high, maybe I shouldn't be dancing up on here" ?
I get that your friend got hurt. But where does her responsibility come into play here? The bar didn't over serve her, so their only downfall was allowing people up on a stage to dance. Yet they are now possibly at fault because your friend chose not to watch her drink and chose to get up on a high stage and ended up falling.
It's not like she tripped because something was in her way that shouldn't be there. This was a stage that people perform on all the time. And most likely people dance on all the time. I'm guessing no one else has fallen and hurt themselves before?

It all comes down too, there's a possibility that someone spiked her drink. She should have had some blood work to check that fact, but that's another story. Anyone with common sense knows not to leave a drink unattended. It's not the bars fault someone possibility spiked here drink though, that it her own fault for not watching her drink.
Don't get me wrong, I don't think she should sue, or win. My wife is just thrown into this legal mess now with all these disposition testimony's and what not - and not getting paid for having to miss work to do so. I have a feeling this will go to trial meaning more missed unpaid work...which I'm angry about.

I just thought I'd get an unbiased opinion here much as to what the jurors will be.
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Frogstar
08-20-2012 at 12:14 PM.
08-20-2012 at 12:14 PM.
Quote from chewspam :
I have not doubt the establishment will lose this case or will settle before a trial to avoid even more expenses, but your friend.....just became part of the problem.
For all you know she was part of the problem before this incident Nono1
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PiratePenguin
08-20-2012 at 12:15 PM.
08-20-2012 at 12:15 PM.
Quote from Iaaaiws :
Why didn't one of them catch her as she fell? Dontknow
someone caught her face with their elbow as she went down. Does that count? laugh out loud

But guys aren't allowed up on the stages.
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chevvy
08-20-2012 at 12:18 PM.
08-20-2012 at 12:18 PM.
Quote from Frogstar :
For all you know she was part of the problem before this incident Nono1

laugh out loud good point. She could have purchased those drinks with her EBT card.
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Iaaaiws
08-20-2012 at 12:19 PM.
08-20-2012 at 12:19 PM.
Quote from nizzy1115 :
someone caught her face with their elbow as she went down. Does that count? laugh out loud
That wasn't an accident, he did it on purpose. And he was also the one that spiked her drink. EEK!
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chevvy
08-20-2012 at 12:19 PM.
08-20-2012 at 12:19 PM.
Quote from nizzy1115 :
Don't get me wrong, I don't think she should sue, or win. My wife is just thrown into this legal mess now with all these disposition testimony's and what not - and not getting paid for having to miss work to do so. I have a feeling this will go to trial meaning more missed unpaid work...which I'm angry about.

I just thought I'd get an unbiased opinion here much as to what the jurors will be.
Sucks about the situation this put your DW in. Comfort
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menace33
08-20-2012 at 12:20 PM.
08-20-2012 at 12:20 PM.
Quote from nizzy1115 :
I just thought I'd get an unbiased opinion here much as to what the jurors will be.
No guard rail? No signs of warning? No one monitoring the stage? No preventative measures to keep people off the stage because it's a band stage and not a platform for dancing? Past history of such accidents and no measures taken to improve safety? She's got a case IMHO. If her lawyer(s) are thorough she does anyway.
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BostonGirl
08-20-2012 at 12:21 PM.
08-20-2012 at 12:21 PM.
Quote from nizzy1115 :
Don't get me wrong, I don't think she should sue, or win. My wife is just thrown into this legal mess now with all these disposition testimony's and what not - and not getting paid for having to miss work to do so. I have a feeling this will go to trial meaning more missed unpaid work...which I'm angry about.

I just thought I'd get an unbiased opinion here much as to what the jurors will be.
Soooo, you weren't even there? Sorry, I'm betting she was trashed ..and wife doesn't want you to know how much they were really drinking ( or this girls hubby).Rofl2

In all seriousness, she will get paid. Your wife won't though, that's a whole different issue.

I'm thinking she had jello shots, those always fark me up. I had like 5 last 4th of July and was falling all over the garage and house...it was bad. I thought I was 21 again, needless to say my body knew otherwise. Doh

Quote from nizzy1115 :
someone caught her face with their elbow as she went down. Does that count? laugh out loud

But guys aren't allowed up on the stages.
Was this a strip club? laugh out loud
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Last edited by BostonGirl August 20, 2012 at 12:22 PM.
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