Can I File a Slip and Fall Claim if Intoxicated?

Slip and fall incidents are common personal injury cases that often present challenges in court. If you were intoxicated at the time of your accident, you may wonder if you still have the right to seek compensation for your injuries. At OnderLaw, we are here to explain your options and shed light on the complexities of slip and fall claims involving intoxication.

Seeking Compensation Despite Intoxication:

In the United States, being intoxicated during a slip and fall accident does not automatically bar you from filing a lawsuit against a property owner for their negligence. Regardless of your state of intoxication, you still have the right to seek compensation for your injuries and damages.

Property Owner Responsibility:

Property owners have a duty to maintain their premises in a safe condition for visitors, regardless of whether they are intoxicated or sober. Whether the incident occurs in a store, restaurant, bar, or any other establishment, the responsibility to provide a safe environment remains the same.

Proving Negligence:

The success of your slip and fall claim will depend on establishing negligence on the part of the property owner. Each case is unique and will be evaluated based on its specific circumstances. If you can demonstrate that the property owner’s negligence led to your accident, your claim should remain valid, even if you were intoxicated.

Determining Liability:

Determining liability in slip and fall cases involving intoxication can be intricate. In some situations, both the property owner and the injured party may share some responsibility. States across the United States follow either contributory negligence or comparative negligence laws to address such scenarios.

Contributory Negligence:

Some states follow contributory negligence laws, where courts and juries consider whether the injured party contributed to the accident and their injuries. If you are found partially at fault, your compensation may be reduced proportionately.

Comparative Negligence:

Many states follow comparative negligence laws, which assess the fault of each party involved in the accident. If you are partially responsible for the slip and fall, your compensation may be reduced based on your percentage of fault.

Next Steps:

Navigating slip and fall claims involving intoxication can be complex, but it is essential to understand that you still have rights to seek compensation for your injuries. At OnderLawe process. Whether your case falls under contributory negligence or comparative negligence, we are here to fight for the compensation you deserve. Contact us today to discuss your case and let us advocate for your rights in a slip and fall claim, no matter the circumstances.