Keene NH Slip and Fall Injury
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CHESHIRE COUNTY SUPERIOR COURT
The Parties:
1. The Plaintiff is and at all times herein mentioned was a resident of Town of Spofford, Cheshire County, New Hampshire.
2. The Defendant is a domestic corporation operating as a hotel with a principle office address within the City of Keene, Cheshire County, New Hampshire and a registered agent listed with the New Hampshire Secretary of State
3. At all relevant times hereto the Defendant was in the exercise of ownership and control over the property located at Main Street, Keene, New Hampshire, the Hotel, to include all bars, restaurants and establishments located thereon.
4. That on or about September 15, 2007 the Defendant was promoting an Octoberfest event at its property in Keene, New Hampshire which was attended by the Plaintiff and for which a five ($5.00) dollar per person entry fee was paid.
5. That the Defendant, its agents, employees or assigns, orchestrated games and competitions, to take place between patrons as part of the Octoberfest event one of which was a beer mug race in which contestants would run a course designed and set up by the Defendant, its agents or employees, with a full mug of beer.
6. That the plaintiff participated in the beer mug race and was handed a full mug of beer by an agent or employee of the Defendant.
7. That during the course of the beer mug race the plaintiff was caused to slip and fall on the floor made wet by beer, and/or other liquids, spilled from prior contestants that had been allowed to accumulate on the floor.
8. That as a direct an proximate result of the slip and fall as alleged the plaintiff, sustained personal injuries including but not limited to a trimalleolar fracture of the right ankle requiring surgical intervention.
9. That as a direct and proximate result of the slip and fall as alleged the plaintiff, has incurred medical expenses in excess of twenty thousand ($20,000.00) dollars and is likely to incur additional expenses.
10. That as a direct and proximate result of the slip and fall as alleged the plaintiff, has incurred loss of income.
11. That as a direct and proximate result of the slip and fall as alleged the plaintiff, has endured conscious pain and suffering from the date of injury through the present time and continuing.
12. That as a direct and proximate result of the slip and fall as alleged the plaintiff, has sustained permanent impairment and scarring.
13. That the Defendant owed a duty to the Plaintiff to maintain the subject premises in a reasonably safe condition under the circumstances at the time of the injury as alleged, to use reasonable care in the operation of the establishment located thereon and the bar in which the Octoberfest event was located.
14. That the Defendant breached the duty owed to the Plaintiff by failing to maintain said premises in a reasonably safe condition, by failing to use reasonable care in the operation of the establishment located on said premises, by failing to use reasonable care in the management of the Octoberfest event, by orchestrating games and competitions without reasonable safety procedures in place to protect the safety of patrons and participants such as the Plaintiff and by failing to adequately warn patrons of the risk of harm associated with participation.
15. That as a direct and proximate result of said breach of duty owed on the part of the Defendant the plaintiff was caused to sustain injuries and damages as herein before alleged.
16. That at all relevant times hereto the plaintiff was in the exercise of reasonable care for the circumstances then and there existing.
WHEREFORE, Plaintiff requests:
1. Judgment for damages plus interest from the day of her cause of action.
2. Reasonable cost and attorney’s fees.
3. For such other and further relief as this Honorable court may deem just and proper.
The Plaintiff demands a jury to hear her cause.
