Can a Drunk Person Sue for a Slip and Fall Accident in California?

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By Yosi Yahoudai
Founder and Managing Partner

Under California state law, a person under the influence of alcohol during the incident may be able to file lawsuits to obtain compensation for their injuries. This includes injuries sustained from slips and falls, whether in public spaces or on someone else’s property, including government-controlled sectors.

Before taking legal action of any kind, you must know that the degree of intoxication you were under at the time you were injured can significantly affect the outcome of your claim and the amount of compensation you can receive for it. In cases where both parties involved may have a degree of fault, California follows a system of negligence or comparative fault, which means that the award in favor of a victim (as well as the resulting compensation for damages) will be subject to be reduced or be increased according to the percentage of fault and lack of reasonable behavior of the victim.

Additionally, although it is possible to argue that many alcoholic people suffer slips and falls due to poor decisions, it is also essential to remember that owners and employees of bars, restaurants, homes, and other properties have to inspect the premise’s floors, structures and spaces under your responsibility to identify potential risks, both for sober people and for those under the influence of a substance.

Suppose a person is injured in one of these spaces. In that case, the owner or person in charge will have the responsibility from this moment to take reasonable measures to ensure that no one else falls due to the actions or negligence in the management of these premises or properties.

Under certain jurisdictions, if the alcohol consumed by the injured party is deemed to have caused the injuries, you may be able to sue the beverage manufacturer for incidents including:

  • Fights and bar fights
  • Slips and falls
  • Even a DUI accident

This generally means that even if the person was intoxicated when the incident occurred, they could still sue for all or part of their injuries.

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About the Author
Yosi Yahoudai is a founder and the managing partner of J&Y. His practice is comprised primarily of cases involving automobile and motorcycle accidents, but he also represents people in premises liability lawsuits, including suits alleging dangerous conditions of public property, third-party criminal conduct, and intentional torts. He also has expertise in cases involving product defects, dog bites, elder abuse, and sexual assault. He earned his Bachelor of Arts from the University of California and is admitted to practice in all California State Courts, and the United States District Court for the Southern District of California. If you have any questions about this article, you can contact Yosi by clicking here.