A woman fell to her death late last night as she partied at Sky309, the rooftop area of Roxy’s pub located in West Palm Beach, Florida. The name of the woman has not yet been released. It is also unclear what exactly happened that lead to her fall.
According to news reports, eye witnesses claim to have heard the woman say something like “Look what I can do…” just before falling. At first thought, one might think she was referring to flying, but the truth is she could have been referring to a dance move, balancing on one foot, or some other goofy thing.
The bottom line is that this case presents an instance of premises liability for the night club. Even if the woman was drinking and was heavily intoxicated, the night club is responsible for maintaining the premises in a safe and secure manner.
This is especially so since the nightclub is fully aware that patrons would be present on its rooftop in a heavily intoxicated state from the alcohol it served them.
The woman’s name will likely be released once her next of kin have been identified.
As a lawyer, I take particular satisfaction in representing the families of people who have been killed by negligent business owners. In today’s day and age, there is no excuse. If you operate a roof top bar, you have a duty to make sure the perimeter of the roof is safe.
This includes having adequate railings to prevent people from falling.
The family of this poor woman needs to hire a lawyer as soon as possible. A case like this begins with an intensive independent investigation by the lawyer’s office. This will include locating and interviewing as many witnesses as possible. Preserving evidence using the legal system. As well as locating any and all possible surveillance videos.
These are all items that get lost with time. People move away, get lost, and memories fade. Surveillance videos can get damaged, re-recorded, or simply misplaced.
Since the business in question is a night club, they would be expected to maintain adequete insurance. For the sake of the deceased woman and her family, it would make sense for the night club to take responsibility and settle this matter quietly.
Whether she was drunk and acting stupidly or not, she was still a patron in their club. As such, they owed her a duty to create and maintain a safe environment. Short of climbing a wall or scaling a fence, it should have been physically impossible to fall off that roof.
This business should be held accountable. Moreover, the City of West Palm Beach should also get involved to make sure all zoning laws are being enforced. Nightclubs are notorious for failing to protect party-goers and the city should step in as a result.
At the end of the day, it is shameful that someone had to die in order to effectuate change. Hopefully the family of this woman will be able to find closure one day soon.