Man Receives Millions From Bar for Injuries Suffered From Slip, Fall
Man Receives $2 Million for After Slipping and Falling in Bar
The attorney for a man injured at a bar hopes that his case, and its multimillion dollar judgment, will serve as a flashpoint for change in how bars address customer safety. The bar, however, plans to appeal, arguing that the jury did not get to hear the whole case, according to Hawaii News Now.
Ernie Verdugo was the designated driver for a group of friends who visited the Mai Tai Bar in Honolulu. According to Verdugo, the exit path of the bar was blocked by a crowd of people and the bar’s tile floor was covered in beer. The man slipped and fell, injuring his leg. In the ensuing seven years, the man underwent seven surgeries, four to address a blood clot in his leg. After battling the blood clot, the man then developed a clot-related condition called post-thrombotic syndrome. As a result, Verdugo had impaired circulation in his leg and experienced daily pain and swelling. Because of these limitations, Verdugo, a former tour guide, was unable to work.
Million-Dollar Damages Awarded
The man sued and won, with the jury returning an award of $2 million in general damages, along with another $144,000 in special damages. The man told Hawaii News Now that the money was a poor substitute for what he had lost: “I don’t care if they gave me $10 million I would rather have my life back, to where I was the day before I had my accident.”
Howard Glickstein, Verdugo’s attorney, expressed a hope that the judgment could change the way bars address safety issues and become more diligent in ensuring customer safety. “It’s not okay to have wet floors and rely on four waitresses to make sure your customers don’t slip and fall and die,” he stated to Hawaii News Now. But, Glickstein said, no such changes occurred at the Mai Tai Bar. “Anyone who goes into the Mai Tai Bar on a night when there is live music they are taking their lives into their hands literally.”
Businesses Have a Duty to Maintain Safety
Bars, and all businesses open to the public, have a duty to maintain a safe environment. This duty includes keeping floors clear of hazards. To recover, though, a person who falls and is injured must prove that the business had actual or constructive notice of a dangerous condition. Actual notice can rarely be proved for spills, and these cases usually turn on whether the business inspected and cleaned the floors often enough.
In a written statement, Steve Schienthal, the Executive Vice President and General Counsel for Mai Tai’s parent entity, Landry’s, indicated that the bar planned to appeal the ruling. Schienthal stated that the trial judge in the Verdugo case wrongfully excluded several pieces of key evidence. The evidence, Schienthal stated, showed that the man was predisposed to his leg problems.
Schienthal also accused Glickstein of improperly trying to influence the business’s decision regarding an appeal. “[I]ncredible as this sounds, the plaintiff’s lawyer threatened to generate negative publicity against us unless we agreed not to seek an appeal of this case.” This is a serious allegation, which could lead to discipline and/or a lawsuit against the plaintiff’s attorney if it were proven.
Contact an Attorney for Slip and Fall Cases in California
Restaurants, bars and clubs sometimes fail to be attentive to maintaining safe conditions. If you’ve been injured in a slip and fall at a business establishment, call our experienced San Francisco injury attorneys right away. Businesses have a legal duty to maintain their premises in a safe condition for their employees and patrons, and if you’re injured when they fail to do so, our skilled slip and fall attorneys will help you what you may be entitled to recover.
Boone Callaway is a personal injury & medical malpractice lawyer in San Francisco who has been working with clients in the Bay Area for over 25 years. Mr. Callaway is one of only a few personal injury litigators in San Francisco who is a Super Lawyer, AV Rated and is also a member of ABOTA – American Board of Trial Advocates.
