Can I sue regarding a slip and fall injury on ice, if i was intoxicated at the time?
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Can I sue regarding a slip and fall injury on ice, if i was intoxicated at the time?
Recently, I slipped and fell inside of an apartment complex. The floor had water
and ice on it with no warning signs. I was intoxicated. Do i have a case based on this information?
Asked on March 27, 2018 under Personal Injury, Michigan
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
You probably cannot win if you were intoxicated at the time. Your ability to win (or if you do win, how much money you win) is reduced by your own fault under the doctrine known (depending on the state) as "comparative negligence" or "contributory negligence." Basically, you can only recover for the other person's fault, not your own. If you were intoxicated when you fell, your impaired reflexes and judgment means you were at least partially at fault; depending on how intoxicated you were, you may well have been more than 50% at fault, and being more than 50% at fault generally means getting nothing.
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