Poor Denise has been hobbling around for a couple of days now.  She was at a bar over two weekends ago when she had a bad accident where she feel off of her bar stool.  Instantly, the man at the bar made the comment over the mic,"Wow, I knew that stool was broken!" 

After that the the following day her swelled to almost 3 times the size of the other knee.  She went to the hospital and the doctor told her that the knee what shattered and that she would need at-least 3 months to recover.

Now the question arises, should Denise sue the bar?  She was not intoxicated and the buy at the bar made a claim knowing that Denise was sitting on faulty equipment that was out for people to sit on?

What would you do?  What do you suggest Denise do?  Would you sue?  Is there an alternative?!