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Who is responsible for your fall when alcohol is involved?

Bar and restaurant floors prove undeniably slippery and sticky. Spilled drinks and the lack of light in the building create the perfect scenario for slipping and falling.

Falling instances are among the most dangerous. Your potential sustained injuries depend on how you land and whether you braced for the impact. You may not even show signs of intoxication upon your fall, but the bar may argue that your own negligence caused your injuries.

If you attempt to file a personal injury claim against a bar, understand that the court may cite your own inebriation as a reason you sustained injuries.

Slip and fall injuries may be devastating

The injuries you sustain when you slip are nearly entirely dependent on how hard you fall. You may need casts, surgery or even physical therapy to mend your body. Types of slip and fall injuries may include:

  • Brain injuries like concussions and TBIs (traumatic brain injuries)
  • Broken bones in wrists or ankles
  • Tears in ligaments in knees or arms
  • Serious abrasions to the head and hands
  • Spinal cord injuries like herniated disks and paralysis

Personal injury and comparative negligence

When your accident involves alcohol, the court may cite negligence. Whether you win the full settlement amount for a claim depends on if the negligence falls partially on you.

California operates as a comparative negligence state. The court determines how much money owed to you due to your sustained injuries. Then, your own negligence is determined, and a percentage is deducted from your settlement to arrive at a final awarded number.

The court may ask a series of questions including:

  • Were signs present and obvious that indicated a slippery floor?
  • Was your intoxication the cause of the slip?
  • Did the bartender know or should have known you were intoxicated and continued to serve you?

The state of California protects victims and businesses. Understand that your own alcohol consumption may lessen a significant injury compensation due to your own negligence. Avoid serious injury, expensive medical bills and a personal injury lawsuit by being consistently aware of your surroundings, and try not to consume too much alcohol.

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  • State Bar of California - California Board of Legal Specialization
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