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Injury - Property Defect-Animals

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My sister was dancing in a casino banquet room where a band was playing. She slipped off her high heels and was dancing barefoot. She cut her foot on a small piece of glass. The casino staff was very attentive and took care of the cut and asked her to go to the ER. She did not go that night but decided to go in the morning as the cut felt worse. The ER staff removed a small piece of glass from her foot. She has sent the first bill from the doctor to the casino whom told her that they would pay for it no problem and that the check was in the mail. Three to four weeks have gone by with no check. She has since received another bill from the hospital. Now the casino said that because she was barefoot it was not their fault. A friend of hers who is an employee at the casino told her that the next day after the incident the casino had posted a sign saying to keep your shoes on at all times, or something to that effect.She lives in Illinois but the Casino is in Iowa. Is the casino liable?

A: I'd say your sister is probably more at fault than was the casino. Of course I have no way of knowing the actual situation that night or how well the casino maintains their property so my opinon could change if the facts are different than as you've stated.

I find the casino's way of dealing with this pretty common. Businesses want people who witness the accident and who are customers to hear them say they will pay for the medical care, so they almost always say "Send us the bill." But really they have no intention of paying for anything. It's misleading and what I see quite often. 

These are tough cases to prove liability since the glass is something a person in a bar might expect to exist. Of course if a glass breaks and the staff does nothing for hours to clean it up then liability would be easier to establish. 

Welcome to the Lombardi Law Firm website. Knowing your rights and how to protect yourself is important. Always be alert to risks that can cause you injury or get you killed.  Steve Lombardi provides commentary and insight on this blog, The Verdict and also writes for the Iowa Edict and on occasion on the Des Moines Register web site. Steve Lombardi has more than 30 years in civil litigation including death and injury cases for workers and their spouses for all types of accidents and injuries. Attorney Steve Lombardi is a personal injury lawyer. Join us in making the world a safer place. (515-222-1110 or sdlombardi@aol.com )

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