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Can you file a slip-and-fall claim if you were drunk?

Slip-and-fall accidents are one of the leading causes of personal injuries in the U.S. Injuries resulting from these accidents usually fall under premises liability claims. If are sustain an injury following a slip-and-fall accident, you may pursue the property owner for compensation for your injuries. But what happens if you slip and fall while intoxicated?

While the property owner is responsible for the property’s maintenance and creating a safe environment for renters, guests and clients, it is important to understand that visitors are responsible for their safety while on someone else’s property. As such, if you were intoxicated at the time of the slip-and-fall accident, you may have a difficult time building a strong premises liability case.

Possible arguments you can expect from the defendant

If you were drunk at the time of the accident, the defendant will likely argue that your impaired judgment, coordination, focus, balance or vision was responsible for your predicament. While this line of argument may have some merit, it is still not sufficient to get the defendant out of trouble.

Connecticut is a modified comparative negligence state, meaning the victim can recover damages as long as their contribution to the accident is not 51% or more.

Circumstances that may result in your slip-and-fall accident

There is no denying that a compromised balance and reaction time can increase your risk of slipping and falling. That said, here are arguments you can present in court when arguing your case:

  • The carpet was torn or the floor was uneven
  • The stairwell was poorly lit
  • There was food or liquid spillage on the floor that was not cleaned
  • There were obstructions like loose cables on the floor

A slip-and-fall accident can leave you with traumatic and potentially life-altering injuries. Even if you were intoxicated at the time of the injury, you may still sue the property owner for damages. All you need to do is understand how to collect the right evidence for your claim.

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