Can I File a Premises Liability Claim If I Was Intoxicated When I Fell?
When an injury occurs at a restaurant, retail outlet, neighbor’s house, etc., the injured party may be able to seek compensation by filing a slip and fall accident claim. Slip and fall claims are generally based on evidence that the injury was due to the property owner’s negligence.
Examples of Property Owner Negligence that Could Cause Injury:
- Failing to clean up a spill on the floor
- Failing to repair a damaged staircase railing
- Failing to cover a hole
- Failing to block off construction or renovation areas
- Leaving machinery or equipment unattended
Is the Property Owner Always Responsible for an Injury?
While property owners have a responsibility to take reasonable action to protect visitors to their property from harm, visitors also have responsibilities. Visitors who respond negligently when they encounter a hazard may find it challenging to build a premises liability case. If you were intoxicated or under the influence of drugs at the time of the incident (and the property owner can prove it), you might have a more difficult time building a successful case.
If You Sustain an Injury While You Are Drunk, Are You At Fault?
If you were drunk or under the influence of drugs at the time of a slip and fall, it is highly likely that the property owner or their legal counsel will claim that intoxication was the sole reason for the accident. Many property owners will make this claim when the opportunity arises, even if there is reckless or negligent behavior on their part that contributed to the incident.
Common Defenses Property Owners Argue When the Injured Party Was Intoxicated:
- The danger was obvious and wasn’t noticed due to intoxication.
- Warning signs were posted to warn of the dangerous area.
- The injured party was not paying attention to where they were walking.
When property owners use these arguments, they are particularly compelling when the injured party was drunk. If you were intoxicated at the time of your slip and fall accident, make sure you advise your attorney of the fact, so they can prepare to counter the claims from the other side. While your attorney compiles evidence to prove the property owner’s negligence caused the slip and fall that caused the injury, the lawyer is also responsible for countering claims from the other side about intoxication, causing the accident, or contributing to the accident.
If you have been injured in a Texas slip and fall accident, don’t waste any time. Get in touch with an experienced Texas personal injury attorney at Hudson Law. We can help you navigate the process to defend your legal rights and protect your financial and medical interests. We put Personal back into Personal Injury Law.