If Islipped on broken beer bottle on floor in bar and had to go to hospital to have glass removed and stitched up, canI sue?

Asked on October 24, 2011 under Personal Injury, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It depends. Did the bar know that the broken beer bottle was there--e.g. someone reported it to the bar tender or a waiter--or at least should have known--e.g. it had been there for so long that any reasonable bar would have become aware of it? Or did its staff break the bottle on the floor (thow it, drop it, knock it over, etc.). If the bar either caused the broken bottle, or knew (or should have known) it was there and did not clear it up, they may be liable and you may be able to recover medical costs, lost wages, and possible pain and suffering. On the other hand, if a patron or customer had broken the bottle, no one told the bar, and there's no particular reason to think they should have been aware of it, they're most likely not liable--in that case, they did nothing wrong and there's no fault.

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