Can You Still File a Slip and Fall Claim if You Were Drunk?

A slip and fall accident can be a devastating event in someone’s life. It can cause you grave injury and make you lose time off work and activities you enjoy. However, what changes when you are intoxicated during a slip and fall accident? Can you still file a claim against the premises if you were drunk at the time of your accident? Contact Overchuck Law Firm, a slip and fall lawyer in Orlando, for more information about how slip and fall claims can be affected by the intake of alcohol.

A typical slip and fall accident

In a normal slip and fall accident, the premises are typically liable for your injury. It is usually the case that their negligence was the cause of your accident and you can receive compensation for their mistake.

This changes when you are intoxicated. The case can become muddled because of the circumstances and it can be difficult to prove what was the premises’ fault as opposed to yours. Courts in Florida especially are more likely to be sympathetic to the premises because of a variety of statutes that place a significant portion of the blame on the intoxicated person.

Florida law about slip and fall accident

Florida Statute 768.36 dictates that if a person is under the influence of alcohol at the time of injury, they are at least 50 percent responsible for their injury and are therefore not capable of suing for their slip and fall even if it resulted in catastrophic injury.

What this means is that alcohol can drastically change the course of your case. Even if the premises were responsible for your injury—whether by way of negligence or active misconduct—you are no longer capable of seeking compensation the moment that you are shown to have been under the influence.

The only way that this would be avoidable is if you can prove that the premises were so dangerous that they were responsible for more than 50 percent of your slip and fall. This can be a very tricky process because there are a lot of factors to consider. How much alcohol did you consume and how did that impair your judgment? How much was outside the property owner’s control—for instance, if there was inclement weather? It is because of all of this that these types of cases can often get overwhelming. Don’t try to deal with a slip and fall accident while intoxicated alone. Contact a slip and fall lawyer to assist you with your case.

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If you suffer from a slip and fall, don’t hesitate to reach out for legal help. A slip and fall lawyer can advise you in the event of an accident and help you sort through the complications that may arise from being intoxicated at the time of the accident. Overchuck Law Firm in Orlando can be your resource for handling your intoxicated slip and fall claim. Contact today for a free consultation.