Liability for Slip and Fall Hazards at Liquor-Serving Establishments

Bars, nightclubs, restaurants and other establishments where alcohol is served are rife with potential slip and fall hazards. The unique nature of these venues, combined with the presence of liquor, often creates a setting where accidents are more likely to occur compared to other types of businesses.

The following are the leading contributors to slip and fall incidents in alcohol-serving venues:

• Frequency and likelihood of spills — Drinks are constantly being carried, poured and consumed, with the risk of spillage ever-present. Wet floors from spilled beverages or ice create immediate hazards, especially when not promptly cleaned. In addition, food spills, condensation from cold glasses or water tracked in from outside during poor weather can add to slippery conditions.
• Dim lighting — Low illumination is common in bars and nightclubs aiming to create a certain ambiance. This can make it difficult for patrons and staff to notice spills, uneven flooring or obstacles in walkways. The risk is compounded on dance floors where lighting is diminished by the use of strobe lights, spotlights or flashing effects.
• Inebriated customers — Alcohol impairs judgment, balance and motor coordination. Patrons under the influence are less likely to notice hazards or exercise caution, making them more vulnerable to falls even due to minor obstacles or slightly slippery surfaces. Intoxicated customers may inadvertently create hazards themselves, such as by knocking over drinks.
• Holiday parties and other events — Celebrations hosted in these venues, increase crowd density and intensify risk factors. At such events, high-energy activities, socializing and increased alcohol consumption often coincide, further heightening the risk of spills, reduced awareness of surroundings and generally chaotic environments. Temporary decorations or rearranged furniture for such events can introduce unfamiliar obstacles as well.

In New York, liability for slip and fall injuries sustained in liquor-serving establishments is governed by premises liability law. Property owners and operators have a duty to keep their premises reasonably safe for patrons. If they fail to clean spills in a timely manner, to maintain adequate lighting or generally to address foreseeable hazards, they can be held liable for damages arising from injuries.

Liability is not always limited to the premises management. Third parties such as caterers and maintenance providers may also be held responsible under certain circumstances. For example, if catering staff negligently cause a spill or fails to clean one up, they could share liability for resulting injuries. Similarly, a maintenance contractor fails may be liable for providing substandard cleaning.

New York’s comparative negligence law calls for allocation of fault among multiple parties, including the injured person if found to be partially responsible for their own accident. Ultimately, each case is fact-specific. An experienced premises liability attorney can be invaluable to making a strong case for recovery of damages for medical costs, lost income, pain and suffering and other losses.

Jakubowski, Robertson, Maffei, Goldsmith & Tartaglia, LLP in St. James, New York represents slip and fall accident victims all across Long Island. Call 631-360-0400 or contact us online to schedule a free consultation.