Slate’s Law Blog

Is it Premises Liability When a Customer Falls From a Balcony?

Law school lectures about premises liability cases usually involve scenarios where a customer gets injured in an accidental fall at a place of business, such as a restaurant or retail store. Most of the time, the accidental fall is the result of the customer slipping on a wet surface or tripping over an obstacle on a walkway. The same premises liability laws apply, though, if the plaintiff got injured falling from a height. This scenario most often happens at recreational facilities such as amusement parks, but it can also happen when someone accidentally falls from a balcony. Of course, the purpose of balconies is to prevent falls. The burden is on the plaintiff to prove that the place of business was negligent by poorly maintaining the balcony or otherwise creating dangerous conditions and that the plaintiff did not intentionally engage in risky behavior.  

For example, a lawsuit currently pending in a state that is frequently in the path of hurricanes involves a man who fell from a hotel balcony during a hurricane; his lawyers will have to explain why he was on the balcony during the hurricane, instead of indoors. If you got injured when you fell from a balcony on someone else’s property, contact a Santa Fe slip-and-fall and premises liability lawyer.

Man Suffers Catastrophic Injuries After Falling From a Balcony in Albuquerque Bar

Many of us spend our adolescence daydreaming about being old enough and cool enough to go to nightclubs. Then, once we turn 21, we enjoy the overstimulating atmosphere of the club scene for a few years, but the time that we decide that we are too old for clubbing often occurs well before our 30th birthday. Gabriel Romero’s clubbing career was cut short, even in this context. When he was 22, he suffered catastrophic injuries after falling from a third-floor balcony at Canvas Artistry, a nightclub in downtown Albuquerque.

On the third floor, Romero got into a confrontation with another customer. Several bouncers, dressed all in black, but with no markings on their clothing that would identify them as club staff, approached and tried to break up the fight. Romero thought that the men were simply other club patrons who were joining the fight and were going to assault him. In a panic, he fell from the third-floor balcony onto the main floor of the club.

His injuries resulted in lifelong disability; news sources only said that he is no longer able to walk or talk. Romero’s family has sued the club for premises liability, alleging that the bouncers acted recklessly by cornering Romero and not identifying themselves as employees of Canvas Artistry. The news reports did not say how much compensation Romero is seeking in his lawsuit.

Contact Slate Stern About Premises Liability Lawsuits

Slate Stern is a personal injury lawyer who represents plaintiffs injured as a result of accidents at nightclubs. Contact Slate Stern in Santa Fe, New Mexico or call (505)814-1517 to discuss your case.

Sources

https://www.krqe.com/news/albuquerque-metro/man-who-fell-from-the-third-story-of-downtown-albuquerque-bar-files-lawsuit

Photo by Luca Florio on Unsplash