Royal Oak club off the hook after customer falls, hits bar

Published On: May 20 2013 06:31:48 AM EDT

ROYAL OAK -

 A woman hoping to get a drink near closing time instead tripped and whacked her head on the bar at a Detroit-area club. Is the owner liable?

The Michigan appeals court says no.

Ekaterina Novokshonova could see there was quite a party that night at Sangria in Royal Oak.

The court says the presence of paper, leftover food and bottle caps should have made the hazard "open and obvious."

Novokshonova claimed it was dark, and she couldn't see the floor. She figures she tripped on a red cloth, maybe a table cover, while wearing high-heeled boots.

The appeals court says Sangria had no duty to protect the customer from the cloth.

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