A slip-and-fall accident usually results in a premises liability claim. This type of claim focuses on the actions taken by a property owner regarding the safety of their property. Blame for a slip-and-fall accident does not always fall on the property owner, however. California’s comparative negligence laws allow the person who fell to be held responsible, entirely or partially, for the accident.
The comparative negligence laws often apply when a drunk person suffers a slip-and-fall accident and wishes to bring a premises liability claim against the property owner. Someone under the influence of alcohol sustains significant impairment to their perception, balance, and reaction time. While being intoxicated does not automatically discount a claim, it does make proving the liability of the property owner more difficult. You should contact an experienced attorney for help with your premises liability claim.
Proving Liability in a Slip-And-Fall Accident If You Were Drunk
As the victim of a slip-and-fall accident, you will have to prove that the property owner is responsible for your accident. In California, you will have to show that the property owner failed to exercise reasonable care in keeping their premises reasonably safe or failed to warn of unknown and known dangers specific to the context of your situation and injury.
Being intoxicated at the time of the injury complicates a premises liability case because the property owner can argue that the fall was due to your own fault. The evidence of you being intoxicated may reduce or completely wipe out the property owner’s liability, thus eliminating your chances of receiving compensation.
Slip-and-falls are naturally complicated claims, and adding the factor of your intoxication can make the situation even more difficult. These types of claims often require extensive investigation to determine whether the property owner and victim behaved reasonably. Having been intoxicated at the time of the injury places you at a disadvantage; therefore, you will need proper legal representation to help you with your side of the argument.
An experienced slip-and-fall lawyer will investigate your case thoroughly, and they will build a case with your best interests at the forefront. Your lawyer can help with the following:
- Proving the property owner knew about dangers on their premises
- Proving the property owner should have known their premises were dangerous
- Proving the property owner did not properly maintain their premises
- Proving the property owner did not provide sufficient warning of dangers
Regardless of your intoxication, if the property owner is even slightly to blame for your injury, an excellent slip-and-fall lawyer may be able to help you receive the compensation you deserve. They will help you navigate California’s comparative negligence laws and ensure that your rights and best interests are protected.
Contact the Experienced California Slip-and-Fall Lawyers at Setareh Law Today
Setareh Law is a highly accomplished personal injury firm committed to helping accident victims recover just compensation throughout California. Our legal team dedicates itself to helping clients by providing them with highly experienced legal counsel and high-quality support during some of the most challenging times in their lives. The attorneys at Setareh Law have over fourteen years of experience advocating for the rights and interests of every client.