If my 28 year old daughter was recently injured while in a local bar, what is her recourse?
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If my 28 year old daughter was recently injured while in a local bar, what is her recourse?
She was pushed to the ground and someone stepped on her hand and broke it. Does she have any recourse in getting money from the bar? She was in the wrong place and the wrong time and had nothing to do with the incident happening. She works as a server and may not be able to work for a while. She may need a cast and is going to the orthopedic today. And can her employer fire her because of her not being able to work?
Asked on August 17, 2015 under Personal Injury, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
1 Why would the bar be responsible for her injury? The bar--or any person or business--is only liable, or financially responsible for--another's injury if they were at fault in causing it. IF your daughter could show that the bar was negligent or careless in that it was allowing overcrowding, or had not taken actions against known unruly guests or a crowd despite having had time an opportunity to do so, and that such overcrowding or unruly people led directly to her being knocked down and injured, then the bar might be liable for its failure to take reasonable precautions. But if the bar was not being unreasonably careless negligent in some way, they would not be liable for the injury. She could potentially sue the person who stepped on her hand, however, if she knows who that was
2 Employers are not required to retain, employ, etc. employees who cannot do their jobs. If your daughter is eligible for Family and Medical Leave Act FMLA leave, she may be able to take such unpaid leave and, if she does, cannot be fired while using it she can find the eligibility rules for FMLA leave on the U.S. Department of Labor website. Or if she has sick/vacation/personal days, she may be able to use them to cover her time off from work, and cannot be fired for using a benefit she earned. Apart from the above though, if she can't work, the employer may fire her--though perhaps they will agree to simply suspend or furlough her until she is better, or at least rehire her when she can work.
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