Visitor Question

No “Wet Floor” Signs in Bar…

Submitted By: Tony (Hillsville, Virginia)

I was at a local bar shooting pool with family and friends. Something had been spilled all over the floor and I slipped on it. I fell and messed up my left knee bad, I tore ligaments and chipped a bone. I had drank 5 beers at the bar but I was not drunk, certainly not enough to fall for no reason.

There were no wet floor signs out and the people working at the bar didn’t even come to help. I had to be helped out of the bar and home. Can I sue this bar for my medical bills and pain and suffering? Thanks.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Tony,

Unfortunately you were intoxicated. In the State of Virginia the legal limit “BAC” or Blood Alcohol Content for intoxication is .08%. To reach .08% takes only 2 to 3 beers, regardless of how the person who ingested the alcohol feels about their sobriety.

Although we take your word for it you only had 5 beers, normally when describing how many beers one has had the person usually says they had 2 or 3 beers less than they actually consumed. In any event, with the amount of alcohol you consumed your intoxication will be a factor in any legal claim you may have against the bar.

If you left the bar after the 5th beer and were pulled over by a police officer you can be sure you would have failed the BAC or field sobriety test. Many people swear they are not intoxicated when they actually are. That is not to say they actually believe they are not intoxicated, but what they believe and what the BAC test shows are normally two entirely different matters.

You can sue the bar, but your intoxication will be what is referred to as an “affirmative defense”. That affirmative defense would be your contribution to your fall and resultant injuries as a result of your intoxication.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: March 5, 2012

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