Defendants Are Whining About The Consequences Of Being Hurt At A Winery

Defendants Are Whining About The Consequences Of Being Hurt At A Winery 2018-01-26T16:57:36+00:00

Were you hurt while visiting a winery or on a winery tour? You aren’t alone. Most victims are left wondering:

  • “How on earth can I afford to pay for medical treatment?”
  • “How will my bills get paid if I can’t go back to work?”
  • “Am I able to file a lawsuit?”
  • “How long does a claim take?”
  • “Is the compensation I will recover worth the effort?”

Our team is ready to answer these questions and any others you may have.

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It’s not difficult to imagine the shock and horror experienced by someone who has gone to a winery to enjoy a relaxing day of tasting, only to suddenly be injured in an accident that could forever change their life. Not only is there physical and emotional pain, but in most cases, the patient goes through a second shock shortly after the accident when they find out how much their medical treatments will cost them.

As if that wasn’t enough, serious injuries can mean that the victim won’t be able to return to work for weeks, months, or even years, if they are able to return at all. When you combine this with thousands of dollars in medical expenses, it’s hardly surprising that one of the first questions asked is “How am I supposed to pay my bills?”

The Law Protects Those Hurt In Accidents

What many victims don’t know, is that civil lawsuits were designed for situations just like these. So how exactly can a lawsuit help a victim?

When someone else sustains a serious injury because another party failed to do everything that was reasonably within their power to keep others safe, the law will hold the negligent party responsible for their actions. Then, either through a settlement agreement or verdict from a court, the plaintiff will be awarded compensation for their losses.

This compensation may cover medical expenses, physical pain and suffering, emotional turmoil, and lost earnings. However, the process of filing a lawsuit and proving a case is not a simple one, which is why most accident victims need to consult with a lawyer.

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The Lawyers at Banville Law Want To Help

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Wine has been part of human history since as far back as 4100 B.C. and Americans are drinking more wine than ever before. In 2015 alone, 779 million gallons of wine was consumed by Americans.

Given their product’s popularity, it’s hardly surprising that wineries have begun to create specialized events, tastings, and tours. In fact, many are “family friendly” and allow children and even pets to join in on the fun. While time spent at a winery can be quite enjoyable, serious hazards do exist and if not addressed quickly enough, people get hurt.

Visitors Typically Unaware Of The Danger They Are In

The majority of wineries are designed to provide their visitors with a relaxing environment where varies varieties can be sipped and enjoyed. It’s rare that a guest will think for even a second that their health or life may be in danger, yet they often are.

Auto Accidents

Nearly everyone understands that if they drink and drive, the risk of being involved in an accident goes up significantly. That’s why many wineries or other groups offer transportation services so that everyone on the trip can enjoy their time and no one was to worry about being the designated driver. While this is a great decision for the visitors, it doesn’t keep them safe from other negligent drivers on the road or even the driver of the vehicle they are in.

Just recently, a tragic accident occurred when a limo that eight women were riding in was broadsided by a pickup truck. The limo driver was attempting to make a U-turn and the driver informed police that he didn’t even see the truck coming. It was also determined that the driver of the truck was intoxicated. The damage to both vehicles was significant and all eight of the women, as well as both drivers,  were seriously injured. Four of the women died from their injuries.

Unsafe Premises

Under premises liability law, the owners and managers of a winery must regularly check their property for hazards that could cause injury to a visitor. This can include structural issues with the building.

In one case, nearly 100 people were enjoying a nice day outside on the patio of a winery when the unexpected happened. The concrete floor of the patio suddenly collapsed, sending everyone on the patio 20 feet into the cellar below. One 29-year-old man died and around 80 people were injured, many of whom sustained permanent damage that changed the way they lived their daily lives.   

It’s not just structural issues that can make the premises unsafe. Slip and fall accidents are some of the most common and can be caused by a loose floorboard, unsecured carpeting, spilled wine, or uneven sidewalks.

Carbon Dioxide Exposure

During the fermentation process, carbon dioxide is produced. Wineries are required to follow safety standards so that workers and visitors aren’t exposed to this gas which in high amounts can cause headaches, nausea, shortness of breath, dizziness, asphyxia, convulsions, unconsciousness, and death.

Don’t Hesitate To Contact An Attorney

Many accident victims struggle with the decision to contact a winery accident attorney because they aren’t sure that they actually need to file a lawsuit or that an attorney can really help them. But the reality is that the law regarding personal injury accidents is intricate and it’s rare that compensation is given to someone working without an attorney. Not only does our team help with all of the necessary paperwork, but we also:

  • investigate the accident and determine if more than one party was at fault
  • collect evidence
  • speak with insurance companies on our client’s behalf
  • prepare our client for trial
  • identify any other legal avenues through which our client can obtain compensation

It’s important to contact us as soon as possible because not only does evidence disappear over time but there is a strict statute of limitations in every case. This means that once a certain period of time passed, the victim will no longer be able to file a lawsuit.

Can I File If I Was Hurt While Working At A Winery?

It may be possible to pursue legal action if you were hurt while working at a winery, however, this doesn’t mean that you can sue your employer.

Workers who are hurt on the job should be covered by workers’ compensation insurance which all employers are required to have. A workers’ compensation claim will provide a hurt employee with full coverage of their medical expenses and a portion of lost wages, however, by filing a claim the employee is prevented from pursuing a lawsuit against their employer.

But the key point in this is that it’s not always the employer who was at fault. If another third-party was responsible for the accident, the injured employee has the right to file both a workers’ comp claim and personal injury lawsuit.

What Can I Do If My Loved One Died?

If the victim of the accident succumbed to their injuries, their family typically has the right to pursue a wrongful death lawsuit against the party responsible. Much like a personal injury lawsuit, this can provide the plaintiffs with compensation for the deceased’s income, the pain and suffering they experienced before passing, loss of consortium, loss of inheritance, and funeral and burial expenses. In most cases, the eligible family members are the children, spouse, and parents of the deceased.

Additional Resources

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