DELRAY BEACH, FL (Boca Post) (Copyright © 2026) — A Palm Beach County woman has filed a civil complaint against Throw Social Delray Beach LLC, claiming she was injured at the Delray Beach venue when a bartender carrying a lit bottle-service sparkler moved through a crowd and burned her arm.
The case, Nicole Bernier v. Throw Social Delray Beach LLC, was filed March 16, 2026, in the Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, under Case No. 502026CA003030XXXAMB.
According to the complaint, plaintiff Nicole Bernier is represented by Wooster Law of Pompano Beach. The complaint identifies Throw Social Delray Beach LLC as the defendant and says the company was operating a restaurant and or bar business in Palm Beach County at the time of the incident. No defense law firm is listed in the complaint.
The lawsuit says the incident happened on or about March 16, 2024, at Throw Social Delray Beach, 29 SE 2nd Avenue in Delray Beach. Bernier alleges she was on the property as a business invitee when a bottle-service bartender carrying a lit sparkler walked through the crowd and burned the back of her arm. The complaint claims she suffered significant and permanent injuries.
The filing states that Throw Social owned, operated and or maintained the location, and that its operations included bottle service in crowded patron areas involving bartenders carrying lit sparklers. According to the complaint, the defendant had a duty to maintain the premises in a reasonably safe condition, warn invitees of concealed dangers, and safely supervise and control bottle-service operations involving lit sparklers around patrons.
Bernier alleges the defendant breached those duties by allowing a dangerous condition to exist, failing to maintain operations in a reasonably safe condition, failing to inspect for hazards, failing to correct the condition, and failing to warn her of the danger. The complaint also claims the company failed to have policies and procedures in place for the safe use, handling, carrying, and monitoring of lit bottle-service sparklers, failed to enforce any such procedures if they existed, failed to properly train or supervise employees and agents in the use of lit sparklers in crowded areas, and negligently allowed an employee or agent to walk through a crowded venue with a lit sparkler in close proximity to patrons.
The complaint says Bernier suffered bodily injury, including alleged permanent injuries to her arm, scarring, disfigurement, deformity, pain and suffering, disability, mental anguish, inconvenience, emotional trauma, loss of capacity for the enjoyment of life, medical expenses, future medical expenses, and aggravation of preexisting conditions. Those are claims made by the plaintiff and have not been proven in court.
Bernier brings one count of negligence and seeks compensatory damages, costs, and other relief the court considers proper. She also demands a jury trial.
The original complaint, Nicole Bernier v. Throw Social Delray Beach LLC, Case No. 502026CA003030XXXAMB, as filed March 16, 2026, with the Palm Beach County Clerk of Court, can be viewed here.
Boca Post tracks civil litigation filed in Palm Beach County courts as part of its ongoing legal coverage. Readers can explore recent cases in our Boca Raton lawsuits coverage. Injuries caused by unsafe property conditions are often filed as premises liability lawsuits in Florida courts. Boca Post explains how premises liability cases work in Palm Beach County.
