Legal Question in Personal Injury in Missouri

are we responsible

my boss recieved a letter a week ago saying a customer was holding us responsible for an accident that occured one fri night at our bar, this customer was in our bar and had atleast 12 beers and 4 or 5 shots of liquer. this man seen my boss come in and chose to greet her by going up to her and trying to pick her up and in the process they both hit the floor. needless to say the man hurt his ankle. my boss calles his girlfriend to come take him to the emergency room. later that evening my boss calls there cell phone and gets no awnser, asuming things were ok or that they would call back. didnt. 4 days latter the customer calls and i was working, about 11:30 at night wonted to know why we hadn't checked on him, i explained we had called and got no awnser, and said he had been in the hospital those 4 days.

a girl another regular customer said she had talked to them and wonted to know the story, that they told her that carol my boss being so short that when she APPROCHED HIM (NOT)she drug him down causing the accident, 1 week later we got a letter from an attorney saying that her client said it was due to the uneven flooring in our doorway at the bar. and wonting dr. bills paid and loss of his work wages for time out. is this on us?


Asked on 10/06/06, 2:47 pm

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: are we responsible

This is a matter that should be turned over to the owner's insurance company right away. They should do an investigation and determine whether to pay the claim.

As a general rule, an owner of property is not an insurer of his guests, and is only liable for dangerous conditions on the property for which he or she does not warn patrons. In this instance, it would appear there is a significant issue of comparative fault. There may have been a fault in the floor, or, there may have been a drunk and disorderly bozo who tried to pick up the owner. At any rate, it should not be a matter for a successful lawsuit.

You should definitely have no further dealings with the man's attorney and should turn it over to your insurer right away.

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Answered on 10/06/06, 4:30 pm


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