Q: My daughter, 15, suffered a concussion as a result of, what must be some kind of code violation by a local restaurant.
At a high school class celebration, 15 min before closing, the students were leaving and led down basement stairs, up narrow, low overhead clearance stairs to exit through the sidewalk cellar doors. Upon coming up, she hit her head on either the ceiling or a pipe, resulting in a concussion. I am still trying to gather details. The girls said it was mass confusion and there may not have been an adult chaperone there. Perhaps another violation on part of the restaurant- reserving the restaurant to minors? I'm sure if the main door was locked and/ or gate down while patron are inside, there must be some kind of violation?
A: Contact a member of the NYState TRial Lawyers Assn--they give free consults.
A: There should have been a sign warning of the hazard. You may sue for premises liability and negligence. Their insurer may handle the claim. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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