What can I do if I was at a bar that had a stripper pole and we were told that we could swing around on it because it was secure but when I did I was injured?

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What can I do if I was at a bar that had a stripper pole and we were told that we could swing around on it because it was secure but when I did I was injured?

In the process of swinging on the pole, it somehow, detached, fell apart and I landed on my right hip area pretty hard (my friend has this all on type). I thought I was ok at the time but I have been having some really bad right side back and hip area pains that effect me when I walk and sleep. I can not contribute this pain to anything else. I am 25 years old and I have never had back or side issue like I am experiencing now. I am not sure how to go about this; the incident occurred 2 weeks ago.

Asked on July 8, 2014 under Personal Injury, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You *may* have a claim, if the pole was not maintained or installed properly *and* you were only using it in the way you were told you could use it, and that's what led to your injury; in that case, the bar may have been negligent, or unreasonably careless, in one or both of not maintaing the pole and/or letting you, as a customer/patron, swing on it.  If they will not compensate you voluntarily, you'd have to sue them; but it may not be worthwhile to sue. If you sued, all you could recover would be medical costs and, if there is significant and long-lasting impairment, some measure of "pain and suffering" compenation; but to win in a lawsuit, you'd need to hire a medical expert, who could, for less serious or long-lasting injuries, easily cost more than you'd win.

And if the pole was properly maintained and it was just bad luck it broke and you fell (sometimes, accidents occur without anyone being at fault or liable), or if you were doing anything beyond what you were told you could do, you would be very unlikely to win the case and recover anything, since ini these instances, the bar would not be at fault. (Liabilty goes with or follows fault in cases like this.)


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