Falling While Drunk: Can You File a Slip and Fall Claim if You Were Intoxicated?

A drunken slip and fall is treated differently than a claim for someone who fell while sober. See how intoxication affects compensation.

Slip and fall cases are premises liability claims — they focus on the actions taken by a property owner. When a property owner allows a dangerous condition to exist on their premises and a visitor gets hurt, the owner is usually liable.

The law does not only look for fault in one place. If the person who fell was injured in part by their own behavior, shared negligence laws may apply.

If you have a slip and fall accident while intoxicated, the property or business owner will likely blame you. Being intoxicated does not mean you aren’t entitled to injury compensation. It does mean you have to work harder to convince the adjuster to pay your claim. It may also mean that you end up with less compensation.

Here we look at how intoxication complicates slip and fall cases, and why falling while drunk can shrink or kill your injury claim.

Alcohol Complicates Slip and Fall Accidents

Doctor and nurses transporting a patient on a gurney

Intoxication-related injuries have the potential to be more severe than if the person fell while sober.  A study of the link between alcohol and traumatic brain injury (TBI) showed that the severity of an injury increased when there was more alcohol in a victim’s blood.

Alcohol can also make slip and fall accidents more serious by acting as a blood thinner. Both external and internal wounds may bleed more freely. This can cause further injury or possibly even death.

Apart from any legal problems that intoxication may cause, harm to your body should always be your first consideration. Even if a negligent property owner pays your medical bills, that is cold comfort when you are recovering from a serious injury.

How Intoxication Can Hurt Your Injury Claim

Intoxicated man holding his head in one hand and a bottle of liquor in the other

If the property owner can prove that you were under the influence of alcohol or drugs when you fell, that is powerful evidence. It may reduce or wipe out the property owner’s liability, and thus compensation for your injury.

The scientific evidence is difficult to contest. The use of alcohol is linked to an increase in injuries from falls. Most adults can understand how alcohol affects your balance and reflexes. Sustained use of alcohol over a long period of time is also associated with degraded motor skills and balance.

The evidence is clear that individuals are more likely to suffer significant injuries while drunk than while sober. The National Institutes of Health have published a study on alcohol use stating that “intoxication is one of the strongest predictors of Traumatic Brain Injuries (TBI).”

Alcohol is not the only substance that causes these kinds of problems. Marijuana, which has been legalized in several states, also presents a serious risk. Research indicates that the drug affects judgment, motor coordination and reaction time. It’s not a stretch to conclude that marijuana use could play a role in a slip and fall accident.

1. Contributory and Comparative Negligence Laws

You may have a more serious problem with an intoxicated slip and fall in certain states. In a pure contributory negligence state, if the property owner can show that your injury was due to intoxication, you could be completely barred from recovering any damages from the property owner.

Jurisdictions with pure contributory negligence laws:

  • Alabama
  • Maryland
  • North Carolina
  • Virginia
  • Washington, D.C.

Most states have modified comparative fault and pure comparative fault laws, which means you can still recover compensation if you were partially at fault.

For example, California laws will reduce any judgment by the amount you were negligent. If you were 30% responsible as a result of your intoxication, you can only recover 70% of your damages from the property owner.

Other comparative fault states, like Nevada, are more strict. They completely bar you from compensation if you are more than 50% responsible for your fall. This means that even if a floor is wet and slippery, you may still not get compensated. If a sober person would have been able to walk across the floor without slipping, you’re probably out of luck.

2. What If You’re Drinking at a Bar?

Shared fault rules can seem strict. But what if you’re drinking in a place where drinking is encouraged? You might have a stronger argument for the owner’s fault when you’re hurt by a slip and fall at a bar or other location that serves or encourages the use of intoxicating substances.

In this situation, your claim will likely come down to the jury’s analysis of the facts. A bar, for example, should expect its patrons to become at least somewhat drunk on its premises, and should take the necessary care to ensure that its patrons are not hurt. For example, it should make sure that restrooms are dry and well-lit to prevent slip and fall accidents there.

You Risk More Than Losing Your Injury Case

Woman taking a selfie with an intoxicated man behind her

Even when you can establish a slip and fall claim for which a property owner is liable, there’s still a bigger legal context.

Many states have statutes prohibiting public intoxication. Filing a personal injury lawsuit might reveal information about your intoxication that could result in criminal charges.

The same is true about intoxicating drugs besides alcohol. Marijuana is not legal in all 50 states, and if medical treatment shows that you were intoxicated with marijuana or another illegal drug, your injury claim could come with serious legal consequences in the form of criminal prosecution.

The fact that a property owner is ultimately liable for your injury does not mean you are absolved of responsibility for drug or alcohol misuse. If you have a substance abuse problem or have committed a drug-related crime, those issues will almost certainly be a part of your legal problems. If in doubt, contact a qualified criminal or personal injury attorney for legal advice.

Have Fun, Be Safe, and Be Responsible

Intoxicating substances have been around as long as human civilization. When used responsibly and in moderation, the risk of slip and fall injuries is small. On the other hand, a slip and fall can absolutely be the responsibility of a negligent property owner who created a dangerous condition on their property.

The involvement of intoxicating substances in a slip and fall injury does make the legal situation more complicated. If you or a loved one has suffered a slip and fall while drunk, it’s important to get good legal advice. Contact a qualified personal injury lawyer or law firm in your state for a free consultation and case evaluation.