Busted But Not Responsible? Tips For Your Defense

If you've been arrested for a crime you didn't commit, you need to defend your legal rights. You have the right to an attorney who can help you present your case. After being wrongly accused of something myself, I learned quickly how to navigate the legal avenues to have my case dismissed. My attorney was a great resource for building the case, and because of my understanding of the law, it worked. I created this site to share what I learned along the way and some other great tips for others who have been wrongly accused and arrested for a crime.

Can You Sue For Premises Liability If You Were Intoxicated?

Law Blog

You were injured at a business property due to the negligence of the owner or manager -- but you may be considered partly at fault because you had been drinking. An injury lawyer from a site like http://www.hilbrich.com can help you navigate through the legal complexities of premises liability and issues regarding negligence. Fortunately, you may still have a good case for obtaining financial compensation as long as property negligence was a definitive factor.

Partial Fault Circumstances

Perhaps you were injured because you slipped and fell on an icy private sidewalk or parking lot, or on a wet floor inside a retail store. Maybe you tripped over products or equipment that an employee had left lying in an aisle. These episodes are examples of premises liability. A property owners is expected to take necessary steps to keep that property safe for employees, customers and the general public. 

These examples of premises liability seem like straightforward cases unless the property owner can verify that you may have been partly to blame. Your level of alcohol intake will be an issue if witnesses have verified that you appeared to be intoxicated. 

Verifying Partial Fault

The main issue will involve determining whether you were substantially more likely to fall down because you were drunk. At this time, the business owner may have already had surveillance videos checked over to discover any unusual behavior from you while you were on the premises. He or she may already have interviewed employees at the scene, and perhaps has spoken with customers who could act as witnesses.

Contributory and Comparative Negligence 

Whether your situation involves contributory or comparative negligence depends on the state where you live.

Contributory negligence is a defense used by the attorneys for the property owner or the insurance company that would be responsible for a settlement. In general, if the property owner can show that your own negligence contributed in any way to the accident, you might not be able to claim any damages.

States that focus on comparative negligence use a scale instead of an all-or-nothing measure. A judge or jury might find, for example, that you would deserve $20,000 in financial compensation if you had not been intoxicated. If they find that you were 50 percent at fault, you would only receive $10,000. 

What Can You Do Now?

Don't give up on the possibility of receiving financial compensation for medical expenses and lost wages, even if you live in a contributory negligence state. A personal injury lawyer provides a free consultation and will evaluate whether you have a good case. If the two of you decide to work together, he or she will put forth every effort to show that you were not responsible for this incident and that the negligence was all on the part of the property owner.


19 November 2014