Who’s at Fault for a Slip and Fall While Intoxicated?

Legally Reviewed and Edited by: Terry Cochran

Slip and fall accidents can happen anywhere and to anyone, but when alcohol is involved, determining who’s at fault can become more complicated. Whether the accident occurs at a friend’s house, a restaurant, or another public place, the influence of alcohol can make it difficult to assign responsibility.

So, who’s at fault for a slip and fall while intoxicated, and what should you know if you or a loved one experiences such an accident? Explore the factors involved in slip and fall cases involving alcohol and how a personal injury attorney from Cochran, Kroll, & Associates, P.C. can protect your interests to ensure you receive fair compensation.

How Intoxication Affects Slip and Fall Risk

Intoxication occurs when a person’s body and mind are affected by alcohol or drugs, leading to impaired coordination, balance, and judgment. Alcohol, for example, slows down how the brain communicates with the rest of the body, making it harder for someone to move smoothly or stay steady.

When dangerous conditions are present, alcohol can make it harder for a person to notice hazards like wet floors or uneven steps, increasing the likelihood of losing balance. With slower reaction times and impaired motor control, the risk of a slip and fall while intoxicated becomes much higher compared to someone who isn’t under the influence.

Given the impact alcohol has on balance and coordination, slip and fall accidents are more likely in environments where alcohol is commonly consumed. Whether at a bar, restaurant, or nightclub, the combination of intoxication and potentially hazardous conditions can create a dangerous situation.

Where Do Intoxicated Slips and Falls Happen?

Slip and fall accidents frequently occur in places where intoxication is common, as impaired coordination and judgment in these settings increase the likelihood of accidents.

• Bars. Crowded spaces with dim lighting and frequent spills can make slips much more likely for patrons, especially those who are intoxicated.
• Parties. Alcohol, combined with dancing and uneven flooring at house parties or social gatherings, often creates situations where falls can easily happen.
• Restaurants. Slippery floors caused by spilled drinks or food increase the chances of accidents when a guest is under the influence.
• Concert venues. The mix of large crowds, poor lighting, and uneven ground creates a risky environment for someone who has been drinking to navigate safely.
• Nightclubs. Individuals who are intoxicated often have difficulty navigating slick dance floors or stairs, leading to an increased risk of slips and falls in these environments.

Who’s Responsible for a Slip and Fall While Intoxicated?

Typically, liability in a slip and fall case depends on what caused the fall—whether the property owner neglected their duty of care or if there were hazards they should have fixed. However, it becomes more complicated if the injured person is intoxicated at the time of the accident.

When Is the Property Owner Liable?

Bars, clubs, and restaurants are responsible for keeping their spaces safe for all patrons. This includes cleaning up spills, repairing broken stairs, and ensuring proper lighting. If they don’t address these hazards or provide warnings, they can be held accountable for injuries.

If a property owner or staff knows about a dangerous condition, like a wet floor or poor lighting, but does nothing to fix it or warn guests, they may still be liable. This is true even if the injured person was intoxicated.

Can the Injured Person Be Partly Liable?

When the injured person’s intoxication contributes to the slip and fall, they could be partially responsible for what happened. The defendant might argue that the victim’s behavior contributed to the accident—for instance if the person was stumbling around or missing warning signs due to intoxication. Their impaired coordination may have led to or increased the likelihood of the accident.

This doesn’t mean the property owner is not responsible, but it does shift some focus to how the injured person’s behavior led to the fall. In these cases, insurers and attorneys will look at both sides—whether the property owner kept things safe and how much the person’s intoxication factored into the accident.

Other Parties That May Share Responsibility

In some cases, third parties can also share fault in a slip and fall accident involving intoxication. For example, they could be held responsible if a cleaning company is hired to take care of the property but fails to clean up spills or put up warning signs.

Event organizers or security staff might also share the blame if they overcrowded a space or didn’t take steps to keep the area safe.

Understanding Michigan’s Comparative Fault System

When the injured person and the property owner share responsibility for a slip and fall, Michigan’s comparative fault system determines how much each party contributed to the accident. This system assigns a percentage of fault to each party based on their actions or inactions.

Michigan follows a modified comparative fault rule, which means that if you’re found to be 50% or more responsible for the accident, you won’t be able to recover any compensation. However, if you’re less than 50% at fault, you can still recover damages, but your compensation will be reduced by the percentage of fault assigned to you.

• Example: Imagine being at a restaurant and slipping on a wet floor while intoxicated. The restaurant failed to clean up the spill or post any warning signs about the hazard.After reviewing the evidence, the court finds the restaurant 90% at fault because they neglected their duty to keep the premises safe. However, because you were intoxicated, the court also determines that you are 10% responsible for your own fall due to your impaired coordination and judgment.In this case, if your total damages amount to $100,000, your compensation would be reduced by 10%, reflecting your portion of fault. So, instead of receiving the total $100,000, you would be awarded $90,000.

This example shows how even a small percentage of fault assigned to you can impact the final settlement. That’s why it’s crucial to have an experienced attorney who can minimize your percentage of fault and maximize your compensation.

If you’ve been injured in a slip and fall while intoxicated, it’s important to work with an experienced attorney who understands Michigan’s comparative fault system. Contact Cochran, Kroll & Associates, P.C. today to protect your rights and pursue the compensation you deserve.

What to Do Immediately After a Slip and Fall While Intoxicated

If you’ve been involved in a slip and fall accident while intoxicated, taking immediate action can help protect your legal rights. Here are the crucial steps to take:

• Seek medical attention. Your health should be the priority. Even if the injury seems minor, seek medical attention right away to document the injury and ensure you receive proper care.
• Report the incident. Notify the property owner, manager, or staff about the accident immediately. Ask for a written incident report and keep a copy for your records. Reporting the accident helps establish that it occurred and ensures there’s a record of the conditions at the time of the fall.
• Take photos. Take photos of the accident scene if possible, focusing on any hazards like wet floors, broken stairs, or poor lighting that contributed to the fall. If your injury is visible, photograph it as well. These images can be crucial evidence later.
• Collect witness information. If anyone saw the fall, ask for their contact information. Witnesses can provide statements that support your version of events and help strengthen your case.
• Document everything. Write down everything you remember about the accident as soon as possible, including what happened before and after the fall, how the fall occurred, and the conditions of the area. Keep records of all medical visits, treatments, and any expenses related to your injury.
• Avoid discussing the accident. Limit discussing the details of your fall, especially on social media, as anything you say can be used against you in a legal claim.

These steps can make a difference when seeking compensation for your injuries. Having a clear record of the accident and securing key evidence early on helps build a strong case. But don’t worry if you were too intoxicated to take some of these steps at the time—our legal team can help gather the necessary evidence to support your claim.

Contact our law firm for a free case evaluation. Our qualified slip and fall attorneys will help you fight for the compensation you deserve.

How Eileen Kroll’s Nursing Experience Can Help

Senior partner Eileen Kroll brings a unique perspective to personal injury law due to her background as a registered nurse. Her medical knowledge is especially valuable in cases involving slip and fall injuries—she can thoroughly assess medical records and understand the long-term effects of your slip and fall injuries.

This expertise helps build a stronger case and ensures that all aspects of your health and well-being are considered when pursuing compensation. If you’ve been injured in a slip and fall accident and were intoxicated at the time, having an attorney with both legal and medical expertise can help you secure a fair outcome.

Get a Free Case Evaluation With Cochran, Kroll, & Associates, P.C.

If you’ve been injured in a slip and fall while intoxicated, seek legal advice as soon as possible. Schedule a free consultation with the experienced attorneys at Cochran, Kroll & Associates, P.C., and let us help you with your slip and fall claim.

Disclaimer : The information provided is general and not for legal advice. The blogs are not intended to provide legal counsel and no attorney-client relationship is created nor intended.